Item C04C oun t y of Monr
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
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Mayor Pro Tern Sylvia J. Murphy, District 5
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Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
December 13, 2017
Agenda Item Number: CA
Agenda Item Summary #3624
BULK ITEM: Yes DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Donald DeGraw (305) 809 -5200
none
AGENDA ITEM WORDING: Approval of Second Amendment to contract with Gardens of Eden
of the Florida Keys, Inc., for landscaping services at Key West International Airport (KWIA)
increasing hourly rate from $25.18/hr. to $25.71/hr. and annual contract amount from $100,700 /yr.
to $102,814.70/yr. for annual CPI adjustment of 2.1 %.
ITEM BACKGROUND: The County held a bid opening on November 10, 2015, following the
issuance of a notice of competitive solicitation for landscaping services at KWIA. Gardens of Eden
of the Florida Keys, Inc. was the only entity to submit a proposal. On January 20, 2016, the BOCC
awarded the bid and contract to Gardens of Eden of the Florida Keys, Inc., which includes an annual
CPI adjustment.
PREVIOUS RELEVANT BOCC ACTION:
Approved request to advertise for bids for landscaping services on May 20, 2015, awarded bid and
contract to Gardens of Eden of the Florida Keys, Inc. on January 20, 2016, and approved First
Amendment for CPI adjustment of 0.7% on December 14, 2016.
CONTRACT /AGREEMENT CHANGES:
Increase of the hourly rate and annual contract amount.
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Gardens of Eden
FINANCIAL IMPACT:
Effective Date: 01/20/2018
Expiration Date: 01/19/2021
Total Dollar Value of Contract: $102,814.70/yr
Total Cost to County: n/a
Current Year Portion:
Budgeted: Yes
Source of Funds: Airport Operating Fund 404
CPI: 2.1%
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Beth Leto
Completed
11/20/2017 2:39 PM
Donald DeGraw
Skipped
11/20/2017 2:38 PM
Pedro Mercado
Completed
11/27/2017 9:31 AM
Budget and Finance
Completed
11/27/2017 9:38 AM
Maria Slavik
Completed
11/27/2017 1:31 PM
Kathy Peters
Completed
11/27/2017 4:14 PM
Board of County Commissioners
Pending
12/13/2017 9:00 AM
C.4.a
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.
W ITNES S ETH
WHEREAS, on the 20` of January, 2015, 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 $102,814.74 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
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C.4.a
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 I9, 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, 2015, as
amended, and not inconsistent herewith, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Second Amendment to
Agreement to be executed the day and year first written above.
(SEAL)
ATTEST: KEVIN MADOK, CLERK
By:
Deputy Clerk
Witnesses
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor
GARDENS OF EDEN OF THE FLORIDA
KEYS, INC.
Title
This document was prepared and approved as to form by:
Pedro J. Me ssistant County Attorney
Florida liar No.: 0084050
P.O. Sox 1026
Key West, FL 33041 -1025
(305) 292 -3470
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