HomeMy WebLinkAboutFirst AmendmentFIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
This FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(this "Amendment"), is entered into this day of May, 2008, but is effective as of
January 1, 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, Charlie Delucca has assigned 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 and amend
certain portions of the Agreement pursuant to this Amendment as of the Effective Date;
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:
1. RECITALS. The recitals set forth above are true and correct in all
respects and are incorporated herein by this reference.
2. TERM. As of the Effective Date, the term of the Agreement is extended
to continue through and including September 30, 2011.
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3. IMPROVEMENTS TO GOLF COURSE FACILITY.
At the City's request, 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 ($1 10,000.00). 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. Notwithstanding
anything in this paragraph to the contrary, any compensation received by Charlie Delucca
from the City with respect to the Agreement for services rendered during the period that
begins on or after the Effective Date shall be deemed to have been received by or for the
benefit of Delucca Enterprises.
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.
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
Julie O. Bru, City Attorney
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