Item C06
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 7/20105
DIVISION: COUNTY ADMINISTRATOR
SULK ITEM: YES
DEPARTMENT: AIRPORTS
STAFF CONTACT PERSON: Peter Horton
AGENDA ITEM WORDING: Approval of extension agreement with Gardens of Eden for landscape maintenance at the
Key West I nternational Airport.
ITEM BACKGROUND: Parties wish to exercise an option to renew the agreement for one additional year.
PREVIOUS RELEVANT SOCC ACTION: Approval of Landscape Maintenance Agreement, 3/17/04.
CONTRACT/AGREEMENT CHANGES: Extends expiration date to 3/16106, and adjusts contract amount to $115,024.00.
STAFF RECOMMENDATION: Approval
TOTAL COST: $115,024.00
BUDGETED: Yes
COST TO AIRPORT: $115,024.00
COST TO PFC: None
COST TO COUNTY: None
SOURCE OF FUNDS: Airport Operating Budget
REVENUE PRODUCING: No
AMOUNT PER MONTH !YEAR:
APPROVED BY: County Attorney X
OMS/Purchasing X Risk Management X
AIRPORT DIRECTOR APPROVAL
~on
DOCUMENTATION: Included X
Not Required
AGENDA ITEM #
DISPOSITION:
/bev
APB
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Gardens of Eden
Effective Date: 3/17/05
Expiration Date: 3/16/06
I Contract Purpose/Description: Landscape Maintenance Extension Agreement
Contract Manager: Bevette Moore
(name)
# 51 95
(Ext. )
Airports - Stop # 5
(Department! Stop)
! For BOCC meeting on: 7/20/05
Agenda Deadline: 7/5/05
I
, Total Dollar Value of Contract:
Budgeted? Yes
Grant: No
County Match: N/A
CONTRACT COSTS
$115,024.00
Current Year Portion: $57,500.00
Account Codes: 404-63001-530-340
Estimated Ongoing Costs: N/A
(not included in dollar value above)
ADDITIONAL COSTS
For:
(eg. maintenance, utilities, Janitorial, salaries, etc.)
CONTRACT REVIEW
Date In
Changes
Needed
Yes No
Reviewer
Date Out
i Airports Director
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i County Attorney
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Comments:
LANDSCAPE MAINTENANCE EXTENSION AGREEMENT
THIS LANDSCAPE MATINTENANCE EXTENSION agreement is entered into by and
between Monroe County, a political subdivision of the State of Florida, hereafter "Owner" or
"County", and GARDENS OF EDEN, hereafter "Contractor".
WHEREAS, on the 17th day of March, 2004, the parties entered into a Landscape
Maintenance Agreement at Key West International Airport, hereafter original agreement. A copy of
the original agreement is attached to this extension agreement and made a part of it; and
WHEREAS, the original agreement term ended on March 16, 2005 but the parties desire to
extend the original agreement an additional 1 year; now, therefore,
IN CONSIDERATION of the mutual promises and covenants set forth below, the parties
agree as follows:
1. Paragraph 4 of the original agreement is amended to read:
4. Tenn. This Agreement is for a term of One (1) year, commencing on March
17,2005 and expiring on March 16,2006 with an option to renew for One (1)
additional year exercisable at the discretion of the County..
2. Paragraph 2b of the original agreement is amended to read:
2b. The total compensation to be paid the Contractor during the term of this
extension agreement shall not exceed $115,024.00 during the term of this
extension.
3 The following paragraph is appended to the Landscape Maintenance Extension
Agreement and incorporated into the original agreement as paragraph 35.
35. Airport Security.
a. General. The federal Transportation Security Administration is the federal
agency primarily responsible for overseeing the security measures utilized by
the airport owner pursuant to the relevant provisions of Chapter 49, United
States Code, and regulations adopted under the authority of the Code,
including but not limited to 49 CPR 1540, et seq. Violations of the statutes or
regulations may result in severe civil monetary penalties being assessed
against the airport operator. It is the intent of the airport operator that the
burdens and consequences of any security violations imposed upon the
airport operator as a result of actions by an airport tenant or the airport
tenant's employees, agents, invitees, or licensees shall be borne by the airport
teruu1t. '
b. Airport Tenant DeCmed. An airport tenant means any person, entity,
organization, partnership, corporation, or other legal association that has an
agreement with the airport operator to conduct business on airport property.
The term also includes an airport tenant as defined in 49 CPR 1540.5. Each
signatory to this Agreement, other than the airport operator, is an airport
tenant.
c.. Airport Operator Defined. As used in this Agreement, airport operator
means Monroe County, Florida, its elected and appointed officers, and its
employees.
d. Airport Property Defined. Airport property shall mean the property
owned or leased by, or being lawfully used by, the airport operator for civil
aviation and airport-related purposes. For purposes of this Agreement, airport
property is the property generally referred to as the Key West Airport, the
Marathon Airport, or both as may be set forth in this Agreement.
e. Inspection Authority. The airport tenant agrees to allow Transportation
Security Administration (TSA) authorized personnel, at any time or any
place, to make inspections or tests, including copying records, to determine
compliance of the airport operator or airport tenant with the applicable
security requirements of Chapter 49, United States Code, and 49 CFR 1540,
et seq.
f. Airport Security Program. The airport tenant agrees to become familiar,
to the extent permitted by the airport operator, with the Airport Security
Program promulgated by the airport operator and approved by TSA, and also
agrees to conform its' operations and business activities to the requirements
of the Airport Security Program.
g. Tenant Security Program. If permitted under TSA regulations, the airport
tenant may voluntarily undertake to maintain an Airport Tenant Security
Program as referred to in 49 CFR 1542_113. If the airport tenant voluntarily
promulgates an Airport Tenant Security Program that is approved by TSA,
such program, as may be amended and approved from time to time, shall be
automatically incorporated into this Agreement.
b. Breach of Agreement. Should TSA detennine that the airport tenant or
one or more of the airport tenant's employees, agents, invitees, or licensees
has committed an act or omitted to act as required, and such act or omission
is a violation which results in TSA imposing a civil penalty against the
airport operator in accordance with TSA's Enforcement Sanction Guidance
Policy, such determination and imposition of a civil penalty by TSA shall be
considered a significant breach of this Agreement.
(1). Minimum Violation. If the violation is the first or second violation
attributed to the airport tenant and is a civil penalty "minimum violation" as
provided for in TSA's Enforcement 'Sanction Guidance Policy, the airport
tenant may cure the breach by paying to the airport operator the total costs
incurred by the airport operator, including any fines or penalties imposed, in
investigating, defending, mitigating, compromising, or taking of remedial
measures as may be agreed to by TSA, to include but not be limited to
reasonable attorney's fees and costs incurred in the investigation, defense,
compromising, mitigation, or taking of remedial action measures. If the
violation is a third violation, or there are multiple violations in excess of two
violations, that is or are a civil penalty "minimum violation", the airport
tenant shall pay to the airport operator the total costs incurred by the airport
operator, including any fines or penalties imposed, in investigating,
defending, compromising. mitigating. or taking of remedial measures as may
be agreed to by TSA, to include but not be limited to reasonable attorney's
fees and costs incurred in the investigation, defense, compromising,
mitigation, or taking of remedial action measures; and, further, the airport
operator shall have the right to unilaterally cancel this Agreement, such
cancellation to be effective thirty calendar days after receipt by the airport
tenant of written notice of cancellation of this Agreement by the airport
operator.
(2). Moderate Violation. If the violation is the first or second violation
attributed to the airport tenant and is a civil penalty "moderate violation" as
provided for in TSA's Enforcement Sanction Guidance Policy, the airport
tenant may cure the breach by paying to the airport operator the total costs
incurred by the airport operator, including any fines or penalties imposed, in
investigating, defending, compromising, mitigating, or taking of remedial
measures as may be agreed to by TSJ\ to include but not be limited to
reasonable attorney's fees and costs incurred in the investigation, defense,
compromising, mitigation, or taking of remedial action measures~ and,
further, the airport tenant may cause all of airport tenanfs employees
involved in the airport tenant's business operations on the airport property to
undergo such security training as may be required by the airport operator.
The total cost of the training shall be paid for by the airport tenant. If the
violation is a third violation, or there are multiple violations in excess of two
violations, that is or are a civil penalty "moderate violation") the airport
tenant shall pay to the airport operator the total costs incurred by the airport
operator, including any fines or penalties imposed, in investigating,
defending, compromising, mitigating, or taking of remedial measures as may
be agreed to by TSA, to include but not be limited to reasonable attorney's
fees and costs incurred in the investigation, defense, compromising,
mitigation, or taking of remedial action measures; and, further, the airport
operator shall have the right to unilaterally cancel this Agreement, such
cancellation to be effective thirty calendar days after receipt by the airport
tenant of written notice of cancellation of this Agreement by the airport
operator.
(3). Maximum Violation. If the violation is the first violation
attributed to the airport tenant and is a civil penalty "maximum violation" as
provided for in TSA' s Enforcement Sanction Guidance Policy, the airport
tenant may cure the breach by paying to the airport operator the total costs
incurred by the airport operator, including any fines and penalties imposed, in
investigating, defending, compromising, mitigating, or taking of remedial
measures. as may be agreed to by TSA, to include but not be limited to
reasonable attorney's fees and costs incurred in the investigation, defense,
compromlsmg, mitigation, or taking of remedial action measures; and,
further, the airport tenant may cause all of airport tenant's employees
involved in the airport tenant's business operations on the airport property to
undergo such security training as may be required by the airport operator.
The total cost of the training shall be paid Jar by the airport tenant. If the
violation is a second violation, or there are multiple violations, that is or are a
civil penalty "maximum violation", the airport tenant shall pay to the airport
operator the total costs incurred by the airport operator, including any fines or
penalties imposed, in investigating, defending, compromising, mitigating, or
taking of remedial measures as may be agreed to by TSA, to include but not
be limited to reasonable attorney's fees and costs incurred in the
investigation, defense, compromising, mitigation, or taking of remedial
action measures; and., further, the airport operator shall have the right to
unilaterally cancel this Agreement, such cancellation to be effective thirty
calendar days after receipt by the airport tenant of written notice of
cancellation of this Agreement by the airport operator.
(4). Mitigation of Breach. TSA has a policy of forgoing civil penalty actions
when the airport operator detects violations, promptly discloses the violations
to TSA, and takes prompt corrective action to ensure that the same or similar
violations do not recur. This policy is known as the TSA Voluntary
Disclosure Program Policy, and is designed to encourage compliance with
TSA regulations, foster secure practices, and encourage the development of
internal evaluation programs. The airport tenant agrees that upon detecting a
violation the airport tenant will immediately report it to the airport operator.
Should the TSA ultimately determine that the violation was committed by the
airport tenant, or an employee, agent, invitee, or licensee of the airport tenant,
but the violation should result in the issuance of a letter of correction in lieu
of a civil penalty, then the airport tenant shall reimburse the airport operator
the total costs incurred by the airport operator in investigating, defending,
mitigating, or taking of remedial measures as may be agreed to by TSA, to
include but not be limited to reasonable attorney's fees and costs incurred in
the investigation, defense, mitigation, or taking of remedial action measures.
A violation resulting in the issuance of a letter of correction shall not be
considered to be a breach of this Agreement by the airport tenant.
(5). Survival of Sub-Section. This sub-section h shall survive the
cancellation or termination of this Agreement, and shall be in full force and
effect.
i. Hold Hannless; Indemnification; Defense; Release; Survival
Notwithstanding any minimum insurance requirements prescribed elsewhere
in this Agreement, the airport tenant agrees to hold harmless, indemnify,
defend and release the airport operator, and the airport operator's elected and
appointed officers and employees, from any claims, actions, causes of action,
litigation, administrative proceedings, appellate proceedings, or other
proceedings relating to any and all types of injury, including death, loss,
damage, fines, penalties, or business interruption of any nature whatsoever,
of or to any person or property in connection with the use of the airport
property under this Agreement, regardless of causation and including
criminal acts of third parties; and especially including any and all fines,
penalties, out of pocket expenses, attorney's fees and costs, and costs of
remediation or additional security measures required to be implemented by
any governmental agency (including but not limited to the Federal Aviation
Administration and the Transportation Security Administration) resulting
from a violation of any federal law or federal regulation. This sub-section
shall survive the cancellation or tennination of this Agreement.
4. Except as set forth in paragraphs one. two and three of this Landscape Maintenance
Extension Agreement, in all other respects, the terms and conditions of the original agreement
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first above written.
(SEAL)
COMMISSIONERS
ATTEST:D~L.KOLHAGE,CLERK
BOARD
OF
COUNTY
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
GARDENS OF EDEN
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This df~s prep~nd approve
Pedro J. Mercisq.
Assistant Co~ty Attorney
Florida Bar No.: 0084050
P.O. Box 1026
Key West, FL 33041-1026
(305) 292-3470
to form by:
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LANDSCAPE MAINTENANCE AGREEMENT
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THIS AGREEMENT, made and entered into the /7 day of f-1Y1!ti2c,f!; 2004, by and
between MONROE COUNTY, Florida, (hereinafter called "Owner" or "County") and GARDENS OF
EDEN (hereinafter called "Contractor").
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The parties hereto, for the consid~tation hereinafter set forth, mutually agree as follows:
1. Scope of work. The work to be performed is landscaping services at Key West
International Airport (KWIA). The Contractor sh~Jf furnish all labor, materials, equipment,
machinery, tools, apparatus, and transportation and perform all of the work deSCribed in the
Specification entitled: Landscaping Services Specifications and Contractor's bid dated November 12,
2003, attached hereto as Exhibit A and incorporated as part of this contract document, or as
directed by the Airport Director.
2. Contract sum. The Owner shall pay to the Contractor for the performance of the
Contract, as follows:
A. The Owner shall pay the Contractor for the performance of said service on a weekly
arrears basis. The Contractor shall invoice the Owner weekly for the landscape maintenance
performed under the Contract Documents contained herein.
3. Contractors acceptance of conditions.
A. The Contractor hereby agrees that the site has been carefully examined and
investigated to fully satisfy Contractor that the bid is correct and contains no errors, and that
Contractor assumes full responsibility therefor. The provisions of this Contact shall control any
inconsistent proviSions contained in the specifications. All Specifications have been read and
carefully considered by the Contractor, and Contractor understands the same and agrees to their
sufficiency for the work to be done. Under no drcumstances, conditions, or situations shall this
Contract be more strongly construed against the Owner than against the Contractor.
B. Any ambiguity or uncertainty in the Spedfications shall be interpreted and construed
by the Owner, and Owner's decision shalf be final and binding upon all parties.
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C. The passing, approval, and/or acceptance of any part of the work or material by the
Owner shall not operate as a waiver by the Owner of strict compliance with the terms of this
Contract, and Specifications covering said work. Failure on the part of the Contractor, immediately
after Notice to correct workmanship shall entitle the Owner, if it sees fit, to correct the same and
recover the reasonable cost of such correction from the Contractor. Contractor is who shall in any
event liable to the Owner for all damage, loss, and expense caused to the Owner by reason of the
Contractor's breach of this Contract and/or Contractor's ~iture to comply strictly with this Contract
and with the Specifications., .
4. Term of contract/renewal. This contract shall be for a period of one (1) year,
commenc:fng on the date first above written, with two one year options exercisable at the discretion
of the County.
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5. Hold harmless. The Contractor shall defend, Indemnify and hold harmless the
Cr mty from any and all c1aim(s) and demand(s) that may be made against the County from any
act or omission of the Contractor arising out of his duties and obligations under this Contract,
excluding any claims or demands predicated solely on act(s) or ornission(s) of the County.
6. Independent Contractor. At all times and for all purposes under this agreement the
Contractor is an independent contractor and not an employee of the Monroe County Board of County
Commissioners (BGCC). No statement contained in this agreement shall be construed so as to find
the Contractor or any of his/her employees, contractors, servants, or agents to be employees of the
Monroe County Board of County Commispioners.
7. Assignment/Subcontract. The Contractor shall not assign or subcontract this
agreement, except in writing and with the prior writt~n approval of the aoec, for which approval
shall be subject to such conditions and provisions as the Board may deem necessary. This
agreement shall be incorporated by reference into any assignment or subcontract and any assignee
or subcontractor shall comply with all of the provisions of this agreement. Unless expressly proVided
for therein, such approval shall in no manner or event be deemed to impose any obligation upon the
Board in addition to the total agreed-upon price of the services of the Contractor.
8. Compliance With Law. In providing all services pursuant to this agreement, the
Contractor shall abide by all statues, ordinances, rules and regulations pertaining to, or regulating
the provisions of, such services, including those now in effect and hereinafter adopted. Any violation
of said statutes, ordinances, rules and regulations shall constitute a material breach of this
agreement and shall entitle the Board to terminate this contract immediately upon delivery of
'written notice of termination to the Contractor. The Contractor shall possess proper licenses to
perform work in accordance with these specifications throughout the term of this contract.
9. Insurance. Prior to execution of this agreement, the Contractor shall furnish the
Owner Certificates of Insurance indicating the minimum coverage limitations as indicated on the
attached Exhibit B which is attached hereto and incorporated as part of this contract document.
10. Funding availability. Notwithstanding anything contained elsewhere in this contract,
if funds for KWIA services are partially reduced by the BOCC or cannot be obtained or cannot be
continued at level sufficient to allow for the purchase of the services/goods speCified herein, this
contract may then be terminated immediately at the option of the BOCC by written notice of
termination delivered in person or by mail to the Contractor. The BOCC shall not be obligated to pay
for any services provided by the Contractor after the Contractor has received written notice of
termination.
11. Professional Responsibility. The Contractor warrants that it is authorized by law to
engage in the performance of the activities encompassed by the project herein described. The
Contractor shall at all times exercise independent, professional judgment and shall assume
profeSSional responsibility for the services to be provided. Continued funding by the BOard is
contingent upon retention of appropriate local, state, and/or federal certification and/or licensure of
Contractor.
12. Notice requirement. Any notice required or permitted under this contract shall be in
writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, return
receipt requested, to the following:
COUNTY
Peter Horton
KWIA Airport Director
3491 S. Roosevelt Blvd.
Key West, Fl 33040
..
CONTRACTOR
Gardens of Eden
92 Bay Drive
Key West, FL 33040
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13. Cancellation. The County may cancel this contract for cause with seven (7) days
notice to the Contractor. Cause shall constitute a breach of the obligations of the Contractor to
perform the services enumerated as the Contractors obligations under this contract. Either of the
parties hereto may cancel this contract without cause by giving the other party sixty (60) days
written notice of its intention to do so.
14. Records. Contractor shall maintain all books" records, and documents directly
pertinent to performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement or their authorized representatives
shall have reasonable and timely access:to such records of each other party to this Agreement for
public records purposes during the term of the Agreement and for four years following the
termination of this Agreement.
15. Governing Law, Venue, Interpretation, Costs, and Fees:
A. This Agreement shall be governed by and construed in accordance with the laws of the
State of Rorida applicable to contracts made and to be performed .entirely in the State.
B. In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the County and Contractor agree that venue will lie
in the appropriate court or before the appropriate administrative body in Monroe County, Florida.
C. The County and Contractor agree that, in the event of conflicting interpretations of the
terms or a term of this Agreement by or between any of them the issue shall be submitted to
mediation prior to the institution of any other administrative or legal proceeding.
16. Severability. If any term, covenant, condition or provision of this Agreement (or the
application thereof to any drcumstance or person) shall be declared invalid or unenforceable to any
extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and
provisions of this Agreement, shall not be affected therebYi and each remaining term, covenant,
condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent
permitted by law" unless the enforcement of the remaining terms, covenants, conditions and
provisions of this Agreement would prevent the accomplishment of the original intent of this
Agreement. The County and Contractor agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as dose as possible to the intent of the stricken
provision.
17. Attorney's Fees and Costs. The County and Contractor agree that in the event any
cause of action or administrative proceeding is initiated or defended by either party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable
attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-
prevailing party, and shall indude attorney's fees, courts costs, investigative, and out-of-pocket
expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this
Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County.
18. Binding Effect. The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the County and Contractor and their respective legal
representatives, successors, and assigns.
19. Authority. Each party represents and w?lrrants to the other that the execution,
delivery and performance of this Agreement have been du"ly authorized by all necessary County and
corporate action, as required by law.
. 20. Adjudication of Disputes or Disagreements. County and Contractor agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer sessions between
representatives of each of the parties. If no resolution can be agreed upon within 30 days after the
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first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board
of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the
parties, then any party shall have the right to seek such relief or remedy as may be provided by this
Agreement or by Florida law.
21. Nondiscrimination.
A. County and Contractor agree that there will be no discrimination against any person,
and it is expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action on
the part of any party, effective the date 'of the court order. County or Contractor agree to comply
with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination.
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B. These include but are not fimited to:
1) litle VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the
basis of race, color or national origin. 2) Title IX of the Education Amendment of 1972, as amended
(20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex. 3)
Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps. 4) The Age Discrimination Act of 1975, as amended (42
USC ss. 6101-6107) which prohibits discrimination on the basis of age. 5) The Drug Abuse Office
and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrirTJination on the basis of
drug abuse. 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of
alcohol abuse or alcoholism. 7) The Public Health Service Act of 1912, S5. 523 and 527 (42 USC 55.
690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent
records. 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing. 9) The Americans with Disabilities Act
of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination
on the basis of disability. 10) Any other nondiscrimination provisions in any Federal or state statutes
which may apply to the parties to, or the subject matter of, this Agreement.
22. Cooperation. In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance, or breach of this Agreement,
County and Contractor agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the substance of this.
Agreement or provision of the services under this Agreement. County and Contractor specifically
agree that no party to this Agreement shall be required to enter into any arbitration proceedings
related to this Agreement.
23. Covenant of No Interest. County and Contractor covenant that neither presently
has any interest, and shall not acquire any interest, which would conflict in any manner or degree
with its performance under this Agreement, and that only interest of each is to perform and receive
benefits as retited in this Agreement.
24. Code of Ethics. County agrees that officers and employees of the County recognize
and will be required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Aorida Statutes, regarding, but not limited to, solidtation or
acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public
position, conflicting employment or contractual relationship; and disclosure or use of certain
information. .
"
25. No Solicitation/Payment. The County and Contractor warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a bona fide employee
working solely for It, to solicit or Secure this Agreement and that it has not paid or agreed to pay any
pe~on, company, corporation, individual, or firm, other than a bona fide employee working solely
for It, any fee, commission, percentage, gift, or other consideration contingent upon or resulting
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1- from the award or making of this Agreement. For the "breach or violation of the provision, the
.2. Contractor agrees that the County shall have the right to terminate this Agreement without liability
and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
26. Public Access. The County and Contractor shall allow and permit reasonable access
to, and inspection of, all documents, papers, letters or other materials in its possession or under its
control subject to the provisions of Chapter 119, Aorida Statutes, and made or received by the
County and Contractor in conjunction with this Agreement; and the County shall have the right to
unilaterally cancel this Agreement upon yiolation of this provision by Contractor.
27. Non-Waiver of Immunity. The provisions of Sec. 286.28, Florida Statutes, the
participation of the County and the Contractor in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local government liability
insurance pool coverage shalf not be deemed a waiver of immunity to the extent of liability
coverage, nor shalf any contract entered into by the County be required to contain any provision for
waiver.
28. Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of any
public agents or employees of the County, when performing their respective functions under this
Agreement within the territorial limits of the County shaH apply to the same degree and extent to
the performance of such functions and duties of such officers, agents, volunteers, or employees
'outside the territorial limits of the County.
29. Legal Obligations and Responsibilities. Non-Delegation of Constitutional or
Statutory Duties. This Agreement is not intended to, nor shalf it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except to
the extent of actual and timely performance thereof by any participating entity, in which case the
performance may. be offered in satisfaction of the obligation or responsibility. Further, this
Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the County, except to the extent permitted by the Florida
constitution, state statute, and case law.
30. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party daim or
entitlement to or benefit of any service or program contemplated hereunder, and the County and the
Contractor agree that neither the County nor the Contractor or any agent, officer, Dr employee of
either shaH have the authority to inform, counsel, or otherwise indicate that any particular individual
or group of individuals, entity or entities, have entitlements or benefits under this Agreement
separate and apart, inferior to, or superior to the community in general or for the purposes
contemplated in this Agreement.
31. Attestations. Contractor agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-
Free Workplace Statement.
32. No Personal Uabillty. No covenant or agreement contained herein shall be deemed
to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his
or her individual capadty, and no member, officer, agent or employee of Monroe County shall be
liable personally on this Agreement or be subject to any personal liability or accountability by reason
of the execution of this Agreement.
~ 33. Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together shall
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iens of Eden
ay Drive
West, FL 33040
",- '
(305) 745-3677 ph/fax · (305) 304-7855 cell
Bid/Key West International Airport
1 S. Roosevelt Blvd.
West, FL 33040
November 12,200:
Nhom It May Concern:
me first take this opportunity to thank you for the privilege of bidding for your
ject for the property maintenance at Key West International Airport. Gardens of
n would be more than happy to accommodate any and all of your needs per your
tiact as follows for:
". The Terminal Area
". The ARFF Building
". The Parking Lots
". The Access Roads
,. The Runway/Taxiway/ Aircra~ Ramp Areas
: following as des-cribed would apply to the above-mentioned areas with man-hou
Jointed and executed according to season conditions and maintenance ne~d_
Jroximately 40 man-hours per week, 5 days per week, would be an average for th
. season, with a higher, varying amount of man-hours required to maintain propel
5pecifications in the rainy season. Total contract amount will be billed by Garder.
~de:n in weekly man-hours and paid ~eekly by EYW as billed.
-minal Area. ARFF Buildina. Parkina Lot Areas
,.. Pick up trash & debris throughout all parking ~ot areas on a daily basis.
,. Empty refuse containers as required. '.
r Mow and trim all grass areas as needed.
,.. \-Vater potted plants as required.
,.. Fertilize plants, pots, shrubs, and grass as needed.
,.. Trim palm trees to assure that fronds do not interfere with traffic.
,.. Trim & shape shrubbery as needed.
,.. After mowing & trimming, remove all debris & blow area clean.
ay Drive
West, FL 33040
~-'
I
(305) 745.3671 ph/fax. (305) 30~7855 cell
ess Roads
'" Pick up trash & debris along the roadside daily.
.. Trim palm trees to insure that fronds do not interfere with traffic.
.. Trim &, shape shrubbery. -
,. Mow and trim all grass areas as needed.
, After mowing & trimming, remove all debris & blow area clean.
, Trim trees for safety prior to the start of hurricane season.
rlwav & Taxiwav Areas
, As needed: Mow & trim grass areas between aircraft parking ramps and taxi,"v.
to assure that all taxiway lights are clear of grass and are visible.
,. As needed: Mow & trim grass areas between the taxiway and the runway to
assure that all lights are clear of grass & are visible.
vernment Road/Bunker Area & Fence Perimeter
,. Mow & trim Bunker area, fence perimeter, and on Airport property along
Government Road as needed.
pones & Eauipment
,. Gardens of Eden will provide their own supplies, equipment & materials.
;urance Reauirements
, $100.000 Workman's Compensation
,. $300.000 General Liability
, $100.000 Vehicle Liabilitv
...
G.ardens of Eden
92 Bay Drive
Kev West, FL 33040
I
(305) 745-3677 ph/fax · (305) 304.7855 cell
Emolovees & Subcontractors
,. All employees of Gardens of Eden will have & pass an airport background
investigation, including a FBI fingerprint examination. There will be no employee
of Gardens of Eden working on EYW property who is not of legal immigration
status with the proper documentation to prove this.
Contract Term
,. This contract between Gardens of Eden & Key West Jnternational Airport wiH be
for one year, with (3) three one year options to renew upon mutual agreement.
Plsase let me take this opportunity to say that it has truly been our pleasure working
at & with everyone here at EYW. We have truly appreciated the opportunity to serve
you through the years. We look forward to continuing to serve you with our high
5tandards of propeny maintenance for many more years to come..
.
:f you ,should have an}' problems or questions at all, please feel free to calI me at any
Jf the above captioned numbers and f will be happy to assist you in any way that f can.
;i n c.e rely,
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'ardens of Eden
"
G.ardens of Eden
92 Bay Drive
Key West, FL 33040
-,-"
(305) 745-3677 ph/fax * C30S~ 304-7855 cell
Total Proposed Cost For Annual Maintenance Contract at EYW:
4,480 hrs. @ 25.00 per hr. ................................................$112,000.00
Proposal accepted as is.
\,,"e would like to amend proposal.
,....
:ngnature:
Date:
\.II materials mentioned in the ab01'e proposal are to be included in cont~dct.
~y c~rra costs arc clpressly noted and agreed upon br signature of tbis contract h~' Key "'('st ]ntcrn:nioual AirfJun.
.Iea!lc s~nd any amcnumcnt to this proposal on separate sheet to be apllMwed h~' Gardens of Ellen.
lease S!~. cnll~' fur ~'our rcconls. & rctum'original si~etl proposal to Ga.rdens of Eden.
..
- \ ~ <: / (~t'-", (" D'1nL..:;[ "'
~ .
or The city
of ~( t (~ according to law on my oath, and Wilier
penalty of perjury, depose and ~ that:
1) I am :Des i f'~ If' 6~ ~ . the bidder making
the Proposal to,.. th~ project descri~ed as follows:
./CBl/ ~ ~J.f" / H'^f'tJrt
- .
2) The prices in this bid have ben arrived at ind~ without collusion, .
consultation, amummicatian or agreement for the purpose Of restricting competition, as to any
matter reiating fa such prices with any other bidder or with any Ccmpatitar:
3) Unless crtherwi.se required by law, the prices which have been quoted in this bid hav~
not been knowingly disclosed by the bidder and win not knowingly be disclosed by the bidder pric
to bid opening, directfr.. ~ incfir~, to any other bidder or to any competitor: am#
4) No C1ft~ has been made or will be made by the bidder 1'0 ind~ any ether person,
pm1nership or COrporation to submit, or not to submit, a bid far the JMPOSe. of restricting
competf1ion: , . .
.
. ,
5) Thestcliernents contained in this affidavit are true and correct, and made with fuff
~wi~ iha! Monroe.Caurrty relies upon 'the ~ of( the statemerrts ~uined in this crfficiavii
In~alhb_-'bl~saidproject. ?ifflJ. ". _ .. "
'STATEOF F7Dt'"ldc.J .-1(; J)eA:rAJ ~~d
(Signature of Bidder)
:: 1111 <1103
DATE
COUNTY OF
~DhrDe. '
"
. 2
PERsONALLY APPEAREl) SEFORE ME, the undersigned authority,
, he. S I ~ee. 'Rano.... who, afterfirst being sWam by Ille, (name of
individual signing) affixed bislher signature in The spc;ce provided above O!l this
I <6 'loll day of t1. 0 ve.mbe. Y" ~ 20 03.
-- -~~"~
# NOTARYPUSLIc .-
crV~
My c.mmnissicn expires:
m DEBlWfs.PYlB.L
~: , ;-t MY COI&tISSlON I CD 1fm23
~ :. EXPIRES: Oc:lr:ltlet 22. 2lDi
~.~-:.:.~.. ~n-.....-.....n......._...
DRUG-r~ .. -.- -
,urnlersigned vendor in a.a:crdcnce \Viih Florida S'tclt'Uft. 287.081 hereby Cl:l"tifies that.
b A-~12F D'S D'f E\DFN
, . . (Name of Busifte5S) ....
Publish a staio:nlEllt IIlI'iifying IIlIPIoyaS 1hat 'the liIbriul ftlIIIlI.Ifadur, dis1ributi
~ensing, possession, or use at a a:irtruDat subst'anJZ ~ prahibited in 1ha 1IIlIrkp/llce I
dfying 1ha lll:tians 'tIIllt wJ1l be 1'aIcm ~' eaqdoyaS far _lations at such prohibition.
Inform employe=s about the dangers at dnJg abuse in the wvrlqllace, 1ha business's policy
intaining a drug-frae warkplace. any avaiIabk dnJg. CllIIIISlding, ~iT'rtation. and emplo'
:~i'lInlZ programs, and 'the penalties 1hat ., be Impascd upon ~ far drug ab
ll1tions.. .'
Sive each employee engagEd in providing 'the ClIIIIIMdities or ca~ services that
:ler bid a c:opy of 'the statement specified in subseCtion (1).
In the stateml!llt specified in ~ (1). IIIlfffy ibe emPloye=s that, as a conclitior
rking on the ccmmadities Gl' wn.'...:;tuI! SI!I'Vi=S 1fmt are under bid, 1ha employee ml1 abide
e t.;,'11lS at ibe ~ and wJ1l notify 'the IlIIIp!ay8I' at ,any convic:tian at, Gl' plea at gui~
10 c:cntenciera to, tIttf violation of GhaptII' 893 (Florida Statutes) or' of any gmll"o
bstance taw at 1he United Stc!es or otfY st,A'e, for a.violation occurring in the warkplaa
~er than five (5)-clays after such ccnvictiarL
Impose. a sanction Oft, ~ requi~ 'ttte :iQl1sfw.l'ory participation in a drug abuse assistanCl
habirrtation pt"C!ll'llIII if sw:h is available in 'the ~'s camnwnity, or f1IfI( employee who i
~~ --
Make a good faith effort to corrtfiiua tD maintain a drug-free workplace thrc
lplemdrtation of 1'his section.
& thel=~ authorized to ~ 1ha stateznad': I CllI'tify '!hat this firm cmnplies fully with
IO~~;;- ~ 1<Cf{~' "
~'ffX-' Bidder's' .
.. ~ 7'r(S-'" ~
tJate - .
-'
SWORN SlArdAENr UNDER QRDINANCE NO. 10-1990
MONROECCU~. ~A
ETHIcs CLAUSE
~~---' ~ ~ wmatsthathellthasnotemployed,
retained or otherwise had act on h~its behalf any former Cauniy offi~ or employee in
violation of Section Z of Ordin.ance No. 10-1990 or any County officer or empJoyee in vioiaHon I
Section 3 of Ordinance No. 10-1990. Far brmch or violation at 'this provision the Courrty may,
its discretion, terminate this =J1tnzc't withcut liability and m.ar afsa, in its disaetion, deduct
from the contract or purchase price, or ath~ recover ,,1'fu; full amount of any fee, omissior
per~, gift, or consideration paid to the former County offi~ or employee..
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STATE OF
,~ )o.,'v'~
;;. \. I
~[)ate:
M~~
(signature) .. "-
1/-/8 -03
..
.
COUN1Y OF
.
~\ Dr, d Q.....J
, H'Dflroe.
PEP..sONA.U.Y ~eAR8:> BEFORE ME, the undersigned authority,
~~~~ &~4r- wha,aft~firstbeingswambyme,afflxed
signature (1IIIIIIe at inciividum signing) in the space provided above. an this J ~+h cfay at
Novembe.t-.ZD~' :
A.~
...
'.
NOTARY PUBLIC
My commission expires:
"
" Cll~ 1&CflNIs,PYm.L
. ' Ij. . ~ MY C()U&f~' DO 160023
~ . - EmRES: 0c:lJbet 22. 2006
1It.... 1llaIIdn..,..,~~
-
"A'p~ or affiii~ who has b=n p1a~ an the ~ vendorIist fo~ a conviction Iorpuj
c:mtty ~e maynot ~hTJ:rit a bid on a ~lIllf'ftl!t.to provide any ~ ar~ to a public entity,.II:U
not snimTit a bid on a cnllt!flctwith a public ::Dtity ibrtl= ~ln"bll~ft11 or l~ of a public bm1cin,g OJ
public 'W'Olk, maynct mJ.m.m. bids an leases afzcaI }Uu~1i to public -utity, may not be mvcwied or
P~n:u work as a C1llt.-actDry supplier. sub~.,.MlI4.q, or. ~mJrnut 1D:td=r aCll mh<.Ict with anypnb1ic
c:mity, and may not trnllDc:t bn-m~widUlDypuh1ic::Dtitym ~~ ofthe'tbr=hoIdammmtpmvidec
inS~on 287.017. far CATEGORY TWO :fbrapaiodof36 mOnf"~ mmthe date ofb:iugp1aced OI
the convicted vendor list. " .
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EXHIBIT '8'
1996 Edilion
GENERAL LIABILITY
INSURANCE REQtJm.EMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
, .
Prior to the connnencement of work governed bythis'COntra.c4 the Contractor shall obtain
General Liability Insurance. Coverage shall be mammmed throughout the life of the contract and
include, as a mn,imnm:
· Premises Operations ,
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injwy Liability
· Expanded Definition of Property Damage
The minirmun limits acceptable sbaIl be:
$300,000 Combined Single Limit (CSt)
IfspIit limits are provided, the minimum limits acceptable shall be;
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An OCCUITence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In adr1itio~ the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work: bythc County.
TJu: ~o~e County Board of County Commi~vnners shall be named as Additional Insured on all
policIeS ISSUed to satisfy the above, reqll.irP.m~c:.
1996 Edition
VEmCLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use ofvehic1es, the Contractor
prior to the commencement ofwor~ sball obtain Vehicle Liability Insurance. Coverage shall be'
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
. Own~ Non~Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$100,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 50,000 per Person
$100,000 per Occurrence
$ 25,000 Property Damage
TIu: ~oz;rroe County Board of County Commissioners shall be named as Additional Insured on all
poliCIes ISSUed to satisfy the above requirements.
VLl
Administration instruction
#4709.5
80
l Y7V L:UHJUn
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed bytbis contract, the Contractor shall obtain
Workers! Compensation Insurance with limits sufficient to respond to Florida Statute 440.
In addition, the Contractor sba1l obtain Emplo~ Liability Insurance with limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be m:firttained throughout the entire term of the contract.
Coverage sball be provided by a company or companies authorized to transact business in the
state of Florida
~fthe Contractor has been approved by the Floridars Department of Labor, as an authorized self..
msw:er, the County shall recognize and honor the Contractors status. The Contractor may be
reqwred to submit a Letter of Authorization issued by the Department of Labor and a Cenificate
of Insurance, providing details on the Contractors Excess Insurance Program.
If the ~?ntractor participates in a seIf.insurance func!, a Certificate o~Insurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
wel
Administration Instruction
#4709.5
87