3rd Amendment 12/19/2018 =1
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°`` ,-0 Kevin Madok, CPA
' �' .'� Clerk of the Circuit Court&Comptroller—Monroe County, Florida
DATE: January 16, 2019
TO: Beth Leto,Airports
Business Manager
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FROM: Pamela G. Hanc• 1 I.C.
SUBJECT: December 19'h BOCC Meeting
Attached is an electronic copy of Item C21,Third Amendment to Contract with Gardens
of Eden of the Florida Keys, Inc., for landscaping services at the Key West International Airport
increasing hourly rate from $25.71/hour to $26.25/hour and annual contract amount from
$102,814.70/year to $104,973.81/year for annual CPI adjustment of 2.1%, for your handling.
Enclosed are two duplicate originals of Item C23, revised State of Florida Department of
Transportation Supplemental Joint Participation Agreement(SJPA) No. 5 to Contract No.
AQH10 providing increased funding in the amount of$1,080,881.00 for continued renovations
and upgrades to the Customs and Border Protection building (Terminal Annex Modification III to
Final) at the Key West International Airport, to be funded 50% FDOT; and, 50%Airport
Operating Funds.The revised SJPA No. 5 corrects the total of FDOT's share and the total project
cost, for your handling.
Should you have any questions,please feel free to contact me at(305) 292-3550. Thank
you.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
THIRD AMENDMENT TO CONTRACT FOR LANDSCAPING SERVICES
GARDENS OF EDEN OF THE FLORIDA KEYS, INC.
KWIA
THIS TIIRD AMENDMENTf,, TO CONTRACT is hereafter made and entered into this
�gfhday of ffl 1lrer , 2018, 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.
WITNES SETH
WHEREAS, on the 20th of January, 2016, the parties entered into a Landscaping Services
contract (hereinafter Original Agreement) as amended on December 14, 2016, and December
13, 2017; 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 $26.25 per hour and the total
Contract amount shall not exceed $104,973.81. 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 $26.25
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$104,973.81."
J
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,
2019 and terminating on January 19, 2020.
b) Unless otherwise indicated as set forth in subsection 34(b), this Agreement
shall automatically renew on the anniversary date of the Agreement for one (1) additional one
year period. 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.
K;WITNESS WHEREOF, the parties have caused this Second Amendment to
Agreement;to be executed the day and year first written above.
r =+
BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
By: By: /
Deputy Clerk Mayor
GARDENS OF EDEN OF THE FLORIDA
KEYS, INC.
(.� By:
Witnesses Title
inL(/(41- c - cIL
This document was prepared and approved as to form by: o -;,
o ram± x,. r-rz
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Pedro J. Merc do, Es n ccieH� ttorney _`<:- C�7
Florida Bar o. 800 4050
P.O. Box 1026
Key West, FL 33041-1026
(305) 292-3470
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