4th Amendment 01/22/2020 194°p5°°°° IA Kevin Madok, CPA
'# ~10. */ Clerk of the Circuit Court&Comptroller—Monroe County, Florida
DATE: January 29, 2020
TO: Beth Leto, Airports
Business Manager
r
FROM: Pamela G. Hanco'. `I.C.
SUBJECT: January 22 BOCC Meeting
Attached is an electronic copy of the following item for your handling:
C5 4th Amendment to Contract with Gardens of Eden of the Florida Keys, Inc., for
landscaping services at Key West International Airport increasing hourly rate from $26.25 per
hour to $26.75 per hour; and annual contract amount from $104,973.81 per year to $106,968.31
per year; for annual CPI adjustment of 1.9%.
Should you have any questions, please feel free to contact me at(305) 292-3550.
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
FOURTH AMENDMENT TO CONTRACT FOR LANDSCAPING SERVICES
GARDENS OF EDEN OF THE FLORIDA KEYS, INC.
KWIA
THIS FOURTH AMENDMENT TO CONTRACT is hereafter made and entered into this
22nd day of January, 2020, 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 20th of January, 2016, the parties entered into a Landscaping Services
contract (hereinafter Original Agreement) as amended on December 14, 2016, December 13,
2017 and December 19, 2018; 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 1.9%;
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 $26.75 per hour and the total
Contract amount shall not exceed 5106,968.31. 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 $26.75
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$106,968.31."
,
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 201i
2020 and terminating on January 19, 2021.
Section 3. All other provisions of the original agreement dated January 20, 2016, as
iti76;fd not inconsistent herewith, shall remain in full force and effect.
"�"� �`� o- -t- NESS 'WHEREOF the parties have caused this Fourth Amendment tO
'g fir, Ag��criicnt 4 executed the day and year first written above.
,{STEAL)`:i BOARD OF COUNTY COMMISSIONERS
, ES!'I EVIN MADOK, CLERK OF MONROE C N ' FLORIDA
13 : G-7A-4•444- By:
Deput 'Clerk Mayor
GARDENS OF EDEN OF THE FLORIDA
KEYS, INC.
By:
'itnesses Title
This document was prepared and • proved as to form by:
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V I 1 � 4 -Ti
edro J. Me ad . siant County Attorneyr-n,—
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Florida- r, `o.: 0084050 N
P.O. 13ox 1026
Key West, FL 33041-1026 =ma•
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(305)292-3470 =`` = rn
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