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2nd Amendment 12/13/2017C' ., Kevin Madok, CPA Clerk of the Circuit Court & Comptroller — Monroe County, Florida DATE: December 20, 2017 TO: Beth Leto, Airports Business Manager FROM: Pamela G. Hancock, D.C. SUBJECT: December 13th BOCC Meeting Attached are electronic copies of the following items for your handling: C4 Second Amendment to Contract with Gardens of Eden of the Florida Keys, Inc., for landscaping services at Key West International Airport increasing hourly rate from $25.18 /hour to $25.71 /hour and annual contract amount from $100,700.00 /year to $102,814.70 /year for annual CPI adjustment of 2.1 %. C5 An updated Task Order 12/15 -14 for Airport Noise Program Coordinator Services PSO #14 in the amount of $84,471.00 to be funded 90% by FAA Grant #037 -55, and 10% Passenger Facility Charges (PFC #17), with no increase in total price. C6 McFarland Johnson Task Order No. 2017 -02 in the amount of $519,164.00 for Engineering Design and Bidding Services for the Customs and Border Protection Facility - Phase III to Final at the Key West International Airport, to be paid from FDOT Grant AQH10 (50 %) and Airport Operating Fund 404 (50 %). Should you have any questions, please feel free to contact me at ext. 3130. Thank you. cc: County Attorney Finance File KEY WEST 500 Whitehead Street Key West, Florida 33040 305 - 294 -4641 MARATHON 3117 Overseas Highway Marathon, Florida 33050 305 - 289 -6027 PLANTATION KEY 88820 Overseas Highway Plantation Key, Florida 33070 305 - 852 -7145 PK/ROTH BUILDING 50 High Point Road Plantation Key, Florida 33070 305 - 852 -7145 SECOND AMENDMENT TO CONTRACT FOR LANDSCAPING SERVICES GARDENS OF EDEN OF THE FLORIDA KEYS, INC. KWIA THIS SECOND AMENDMENT TO CONTRACT is hereafter made and entered into this 13 day of December 2017, 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) as amended on December 14, 2016; and WHEREAS, 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 2.1 %; 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, as amended, 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. Labor shall be invoiced at $25.71 per hour and the total Contract amount shall not exceed $102,814.70 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 $25.71 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 $102,814.70 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, 2018 and terminating on January 19, 2019. b) Unless otherwise indicated as set forth in subsection 34(b), this Agreement shall automatically renew on the anniversary date of the Agreement for two (2) 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, as amended, and not inconsistent herewith, shall remain in full force and effect. TNESS WHEREOF, the parties have caused this Second Amendment to e executed the day and year first written above. �. A TTEST,KEVIN MADOK, CLERK By. Deputy Clerk GARDENS OF EDEN OF THE FLORIDA KEYS, INC. Witnesses BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By. Mayor By: Title This document was prepared and approved as to form by: Pedro J. Me ' ., Florida a No.: 0084050 P.O. Box 1026 Key West, FL 33041 -1026 (305) 292 -3470 Pvt 7 si tas nt County Attorney MP r=°r cz�c a� w :20 r r w m w rn C? c rn Cl) 0 c tj