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1st Renewal 01/19/2012 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: February 3, 2012 TO: Peter Horton, Director of Airports Attn: April Pearson FROM: Isabel C. DeSantis, D.C. .;)," At the January 19, 2012 Board of County Commissioners meeting, the Board approved the following: Item C25 Contract Renewal Agreement with Gardens of Eden of the Florida Keys, Inc. for landscaping services at the Key West International Airport. Attached is a duplicate original of the above - mentioned for your records. Should you have any questions, please feel free to contact our office. cc: County Attorney Finance File r LANDSCAPING SERVICES RENEWAL AGREEMENT GARDENS OF EDEN KWIA THIS LANDSCAPING SERVICES RENEWAL agreement is entered into this 19` day of January 2012, by and between Monroe County, a political subdivision of the State of Florida, (hereafter "County "), whose address is 1100 Simonton Street, Key West, Florida, 33040 and Gardens Of Eden of the Florida Keys, a Florida Corporation (hereafter Contractor), whose address is 92 Bay Drive Key West, Florida 33040. The parties hereto, for the considerations herein set forth, mutually agree as follows: WHEREAS, on the 19 day of January, 2011, the parties entered into a Contract For Landscaping Services at Key West International Airport, hereafter original agreement, copy of which is attached to this renewal agreement and made a part of it; and WHEREAS, the term of the original agreement began on January 19, 2011 and expires on January 18, 2012, but the parties desire to renew the original agreement an additional 1 year; and WHEREAS, the Landscaping Services Agreement has been mutually beneficial to both parties; now, therefore, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. Paragraph 2 of the original agreement is amended to read: 2. CONTRACT SUM. The County shall pay the Contractor for the faithful performance of said service on a per week in arrears basis during the term of the Contract. The Contractor shall invoice KWIA weekly for landscaping services performed under the Specifications contained herein. The total Contract amount shall not exceed $101,500 (which is the original contract amount of $100,000 adjusted by 1.5 %, the percentage increase in the CPI for urban consumers for the preceding calendar year, as per paragraph 4 b) of the original contract). Contractor shall submit to County invoices with supporting documentation acceptable to the Clerk, on a weekly schedule in arrears. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. County's performance and obligation to pay under this agreement, is contingent upon annual appropriation by the Board of County Commissioners. 2. Paragraph 4 a) of the original agreement is amended to read: 4. TERM OF CONTRACT/RENEWAL. a) This Contract shall be for a period of one year commencing on January 19, 2012 and terminating on January 18, 2013. 3. Paragraph 4 c) of the original agreement is amended to read: 4. TERM OF CONTRACT/RENEWAL. c) Should additional services be required at KWIA on a permanent basis, the additional specific tasks, and costs for these tasks, will be mutually agreed upon in writing, and approved by the Airport Manager and by the Contractor. Two additional services are now _ required on a regular and permanent basis, and are as follows: 1. ° - Mowing county parking, East Martello, Teen Center, area adjacent to DMV - $350.00 monthly ($4,200.00 yearly); and 2. Mowing of new - land area at western end of runway created by removal and relocation ictr of salt pond and weed whacking around new hillside and rim created col around perimeter of relocated salt pond - $400.00 monthly co ($4,800.00 yearly). The total cost of the services included in this paragraph shall be invoiced to the County at a not -to- exceed amount of $750.00 monthly ($9000.00 yearly), , y y), and is in addition to the contract sum referenced in amended paragraph 2 of this renewal agreement. 4. Except as set forth in paragraphs one, two, three and four of this Landscaping Services Renewal Agreement, in all other respects, the terms and conditions of the original agreement remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. (SEAL) ' BOARD OF A t •U . i CO N a SSIONERS A ST: D • �• LHA, OF MO ' ' , i' . o' , FLORIDA By: ° -- 3 Clerk Mayor David Rice Witnesses: GARDENS OF EDEN / By: _ � --t—� - pes k( L i're6imre Print Name/Title / M • ∎ R e- E COUNTY VORN AP • ' OV `D AS PE N : • • NT CO . ATTORNEY Date /Z