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1st Amendment 12/14/2016 KEVIN MADOK, CPA MONROE COUNTY CLERK OF THE CIRCUIT COURT & COMPTROLLER DATE: January 11, 2017 TO: Beth Leto Airport Business Manager FROM: Pamela G. Hanco 4 i eputy Clerk SUBJECT: December 14th BOCC Meeting Enclosed is a duplicate original, of each of the following items, from the above - mentioned meeting: 1/Item C10 First Amendment to contract with Garden of Eden of the Florida Keys, Inc., for landscaping services at the Key West International Airport. Item C13 Change Order #1 for West Construction, Inc. For Phase 2 and 3 of the Marathon Storage Hangars project at the Florida Keys Marathon International Airport. Should you have any questions, please feel free to contact me at ext. 3130. Thank you. cc: County Attorney Finance File ✓ FIRST AMENDMENT TO CONTRACT FOR LANDSCAPING SERVICES GARDENS OF EDEN OF THE FLORIDA KEYS, INC. KWIA THIS FIRST AMENDMENT TO CONTRACT is hereafter made and entered into this 14` day of December, 2016, 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, Inc., a Florida Corporation (hereafter Contractor), whose address is 92 Bay Drive, Key West, Florida 33040. WITNESSETH WHEREAS, on the 20 of January, 2016, the parties entered into a Landscaping Services contract (hereinafter Original Agreement); and WHERE, Section 4(b) of the original agreement provides that the contract amount may be adjusted annually on the renewal date of each year by a percentage equal to the percentage increase in the CPI for urban consumers for the preceding calendar year; and WHEREAS, the percentage increase in the CPI for urban consumers for the preceding calendar year is 0.7 %; NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, the parties agree to amend the original agreement as follows: Section 1. Section 2 of the original agreement dated January 20, 2016, is hereby amended to read as follows: "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. Effective January 19, 2017, Labor shall be invoiced at $25.18 per hour and the total Contract amount shall not exceed $100,700. 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. Additional services approved pursuant to Article 1(b) above shall be invoiced at $25.18 per hour for labor plus materials. Contractor may subcontract any approved additional services. Contractor shall follow county purchasing policy and procedures in subcontracting any additional work. Contractor shall invoice the county the actual cost of the subcontracted work plus 10% for overhead. Additional landscape services are recognized as irregularly occurring services and the costs for additional services shall be over and above the contract sum and shall not be counted against the not to exceed contract amount of $100,700." Section 2. Section 4 of the original agreement shall read as follows: "4. TERM OF CONTRACT /RENEWAL. a) This Contract shall be for a period of one year commencing on January 20, 2017 and terminating on January 19, 2018. b) Unless otherwise indicated as set forth in subsection 34(b), this Agreement shall automatically renew on the anniversary date of the Agreement for three (3) additional one year periods. Unless earlier terminated as provided in the terms of this Agreement, this Agreement shall terminate on January 19, 2021. In the event of a deflationary CPI, no adjustment shall be made." Section 3. All other provisions of the original agreement dated January 20, 2016, not inconsistent herewith, shall remain in full force and effect. c ounk rtv WITNESS WHEREOF, the parties have caused this First Amendment to Agreement 0: � • e - , ■ ed the day and year first written above. " 4 BOARD OF COUNTY COMMISSIONERS - , • , CLERK OF MONROE COUNTY, FLORIDA 4,V;;, ly x� , / A.,„,ev,.... Z. 0 / By: By: Depu Clerk Mayor GARDENS OF EDEN OF THE FLORIDA KEYS, INC. 1 &Lifl� By: k. :? , 6 e . • J Q / I •_.. ' /f0,5 /GtC� • I Witnesses 1 I Title This document was prepared and approved as to form by: ° F -r- c— m .k—t,i't.- ii71( 11110 co i 1 1 2 I I 1 b '.7 _7 - _1 ' • • erc. o sq., • ssistant County Attorney _ r3 Florida Bar o.: 0084050 •• P.O. Box 1626 c, Key West, FL 33041 -1026 (305) 292 -3470 2 • AC oR ® CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YYYY) k...---- 09/04/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PAYCHEX INSURANCE AGENCY PHONE FAX 150 Sawgrass Drive E-MA No.EMI: (A/C, No): Rochester, NY 14620 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : INSURED INSURER B: NorGUARD Insurance Company 31470 Gardens Of Eden Of The FL Keys Inc INSURER C : 92 Bay Drive INSURERD: Key West, FL 33040 INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR '�, POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER I (MM/DD/YYYY) (MMIDD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 0 CLAIMS -MADE OCCUR DAMAGE TOFfj��,yITED r.* '!9 PREMISES (E 0 _.... MED EXP (Anrsee person) e Fri -. 0 - PERSONAL & Ag URY V 0 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGRikalriE $ T 0 POLICY PRO- LOC PRODUCTS - cpsywIF AGG S-: - 0 OTHER: =, ,. AUTOMOBILE LIABILITY COMBINED SINCy'LIMIT (Ea accident) {{ c., ANY AUTO BODILY I NJURY- (PeeP'person) t : T) t OWNED SCHEDULED BODILY INJURYr(Per accident) H ONLY AUTOS HIRED IRED NON-OWNED PROPERTY DA fate E SCA) AUTOS ONLY AUTOS ONLY (Per accident) _ $ UMBRELLA LIAR OCCUR ' EACH OCCURRENCE _ $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION PER ,,, AND EMPLOYERS LIABILITY Y / N STATUTE ER ANYPROPRIETOR /PARTNER/EXECUTIVE • E. L. EACH ACCIDENT $ 500,000 B OFFICER/MEMBEREXCLUDED? Y NIA GAWC775562 09/07/2016 09/07/2017 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 500,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 • DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) / OP Exclusions: • PPRO D: MENT Anthony Bona; Desiree Bona; J Gerson Feigenbaum; DA WMi VI-1 yavt 1_ WA • /A E C-C- YTA t . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3491 S. Roosevelt Blvd Key West, FL 33040 AUTHORIZED REPRESENTATIVE 1 ©1988 - 2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD