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Item C01BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 2120/08 DIVISION: COUNTY ADMINISTRATOR BULK ITEM: YES DEPARTMENT: AIRPORTS STAFF CONTACT PERSON: Peter Horton Phone: 292-3518 AGENDA ITEM WORDING: Approval of Landscape Maintenance Extension Agreement with Gardens of Eden, for landscape maintenance at the Key West International Airport. ITEM BACKGROUND: The current agreement will expire March 16, 2008, and allows the option to renew for one additional year. PREVIOUS RELEVANT BOCC ACTION: Approval of current agreement, February 21, 2007. CONTRACT/AGREEMENT CHANGES: Extends expiration to 3/16/09. Increases compensation, NTE $125,565.43 STAFF RECOMMENDATION: Approval TOTAL COST: $125,565.43 COST TO AIRPORT: $125,565.43 COST TO PFC: None COST TO COUNTY: None REVENUE PRODUCING: No APPROVED BY: County Attorney X DOCUMENTATION: Included X DISPOSITION: /bev AO 11 /06 BUDGETED: Yes SOURCE OF FUNDS: Airport Operating AMOUNT PER MONTH NEAR: OMB/Purchasing X Risk Management X Not Required AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Gardens of Eden Effective Date: March 17, 2008 Expiration Date: March 16, 2009 Contract Purpose/Description: Landscape Maintenance at the Key West International Airport Contract Manager: Bevette Moore # 5195 Airports - Stop # 5 (name) (Ext.) (Department/ Stop) for BOCC meeting on: 2/20/08 Agenda Deadline: 2/5/08 Total Dollar Value of Contract: $125,565.43 Budgeted? Yes Grant: No County Match: N/A Estimated Ongoing Costs: N/A (not included in dollar value above) CONTRACT COSTS Current Year Portion:- 62,000.00 Account Codes: 404-63001 - 53o34p ADDITIONAL COSTS For: . (eg. maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes Date In Needed Yes No Airports Director Risk Mana me O.M.B./Pu hm] County Attorney Comments: Reviewer �for OMB .� d &Q & A CA do County Attorney v /lIP OF - FOyM A, i Q �s,� A4 9A a Date Out LANDSCAPE MAINTENANCE EXTENSION AGREEMENT THIS LANDSCAPE MAINTENANCE 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"; and WHEREAS, on the 17th day of March, 2004, the parties entered into a Landscape Maintenance Agreement at Key West International Airport, hereafter original agreement, which expiring March 16, 2005, a copy of the original agreement is attached to this extension agreement and made a part of it; and WHEREAS, the parties subsequently extended the term of the Original Agreement for additional one (1) year terms as cited below, copies of which are attached hereto and made a part hereof, and • Beginning March 17, 2005 expiring March 16, 2006 • Beginning March 17, 2006 expiring March 16, 2007 • Beginning March 17, 2007 expiring March 16, 2008 WHEREAS, the Extension Agreement(s) have been beneficial to both parties, NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: Paragraph 4 of the original agreement is amended to read: 4. Term. This Agreement is for a term of One (1) year, commencing on March 17, 2008 and expiring on March 16, 2009 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 $125,565.43 during the term of this extension. 3. Except as set forth in paragraphs one and two of this Landscape Maintenance Extension Agreement, in all other respects, the terms and conditions of the original agreement remain in full force and effect. RECEIVED JAN 0 8 2008 AIRPORT ADMIN. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk Witnesses This document was prepared and ap roved as to form by: Pedro J. Assistant Cgdnty Attorney Florida Bar No.: 0084050 P.O. Box 1026 Key West, FL 33041-1026 (305) 292-3470 2 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor GARDENS OF EDEN By Title LANDSCAPE MAINTENANCE EXTENSION AGREEMENT THIS LANDSCAPE MATINTENANCE EXTENSION AGREEMENT is entered into by and between MONROE COUNTY, 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, for a one (1) year term expiring March 16, 2005, hereafter referred to as "Original Agreement", copy of which is attached hereto and made a part hereof; and WHEREAS, the parties subsequently extended the term of the Original Agreement for additional one (1) year terms: ■ beginning the 17th day of March, 2005 expiring March 16, 2006 • beginning the 17th day of March, 2006 expiring March 16, 2007 copies of which are attached hereto and made a part hereof; and WHEREAS, the Extension Agreement has been beneficial to both parties; NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 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, 2007 and expiring on March 16, 2008 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 $122,502.86 during the term of this extension. 3. Except as set forth in paragraphs one and two of this Landscape Maintenance Extension Agreement, in all other respects, the terms and conditions set forth in 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) ATTEST: DANNY L}�E)LJ AGE, CLERK � y By_ ENptlty Clerk FEB 2 1 204' BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairperson GARDENS OF EDEN By`,.i Title This d7(,T-sp apared and approved as to form by: i F 0% Assistant C -run ty Attorney Florida B No.: 0084050 P.O. Box 1026 Key West, FL 33041-1026 (305) 292-3470 LANDSCAPE MAINTENANCE EXTENSION AGREEMENT THIS LANDSCAPE MAINTENANCE 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, copy of which is attached to this extension agreement and made a part of it; and WHEREAS, the original agreement term ended on March 16, 2005 and the parties entered into an extension agreement for an additional yter, R copy of which is attached; and WHEREAS, the term of the extension agreement began on March 17, 2005 and expires on March 16, 2006 but the parties desire to extend the original agreement an additional 1 year; and WHEREAS, the maintenance agreement has been mutually beneficial to both parties; now, therefore, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: Paragraph 4 of the original agreement is amended to read: 4. Term. This Agreement is for a term of One (1) year, commencing on March 17, 2006 and expiring on March 16, 2007 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 $118,474.72 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 CFR 1540, et seq. Violations of the statutes or regulationsmay 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 bome by the airport tenant. b. Airport Tenant Defined. 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 CFR 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. S. 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. h. Breach of Agreement. Should TSA determine 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 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 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 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 attomey'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 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 for 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 Brepeh. 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 com tion 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. (S). 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 Harmless; 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 termination 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. (SEA ,�OM1b1I�.SICaI�iER�, ATTES Dr NNY KOLRAGE, CLERK JD puty Clerk This P.O. Box 1026 0084050 BOARD OF COUNTY OF MONROE COUNTY, FLORIDA By­ MayllrAhairperson GARDENS OF EDEN _4 By �i.. Title , �P as to form by: Key West, FL 33041-1026 (305)292-3470 - --------LANBSCAPE-MAINTENANCE EXTENSION AGREEMENT THIS LANDSCAPE MATD ENANCE 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 Marcb, 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 W MEAS, 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 matual promises and covenants set forth below, the parties agree as follows: 1. Paragraph 4 of the original agreement is amended to read: - 4. Term 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 ir:.•.o the original agreement as paragraph 35. 35. Airport Security. a. GeneraL The federal Transportation Security Administration is the federal agency primarily responsible far overseeing the security mamra utilized by the airport owner pursuant to tht relevant provisions of Chapter 49, United States Code, and regulations adopted under the authority of the Code, including but not limited to 49 CFR 1540, et seq. Violations of the statutes or regulation 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 resuh of actions by an airport tenant or the airport tenant's employees, agents, invitees, or -licensees shall be borne by the airport tenant. . b. Airport Tenant Defined. 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 aimnrt ..*••.. -The` term also includes an airport tenant as defined in 49 CFR 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 Agmement, airport property is the property generally referred to as the Key West Airport, the Marathon Airport, or both as may be set 1brth 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, at seq. f. Airport Security Program. The airport tenant agrees to become familiar, to the extent permmttad 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 1542.1I3. If the airport tenant voluntarily promulgates an Airport Tit 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. h. Breseb of Agreement. Should TSA determine that the airport tenant or one or more of the airport tenant's employees, agents, invitees, or Iicensees has committed an a.^t01- 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 taldng of remedial action measures; and, further, the airport operator shall have the right to unilaterally cancel this Agreement, such cancellation to be a eWve thirty calendar days after receipt by the airport tenant of written notice of cancellation of this ' Agreement by the airport operator. (Z). 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 curt 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 TSA, to include but not be limited to reasonable attorneys fees and costs incurred in the investigation, defense, compromising, mitigation, or Uldng 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 alining as may be requited 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, father, the airport operator shaD 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). hIsAwans 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 talang 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 taldng 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 'for 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. (A). MitIption 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 shill su.Mve the cancellation or termination of this Agreement, and shall be in full force and effect. i. Hold `Harmless; 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 wither 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 ('mcludin8 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 termination 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. 9-WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year L. KOLHAGE, CLERK L' �= Witnesses This document was pre ared nd appr Pedro 1. Mercado Esq. Assistant Cotpaty Attorney Florida Bar No.: 0084050 P.O. Box 1026 Key West, FL 33041-1026 (303) 292-3470 BOARD OF COUNTY OF MONROE COUNTY, FLOR DA By z -4,�A . Mayor/Chairp rson GARDENS OF EDEN BY Titles to form by: 5, THIS AGREEMENT, made and entered into the �7 day of 2004, by between MONROE COUNTY, Florida, (hereinafter called "Owner" or "County") and GARDENS 3 EDEN (hereinafter called "Contractor. The parties hereto, for the consideration hereinafter set forth, mutually agree as follows: 1. Scope of work. The work to be performed is landscaping services at Key W International Airport (KWIA). The Contractor shall furnish all labor, materials, equipme machinery, tools, apparatus, and transportation and perform all of the work described in i L Specification entitled: landscaping Services Speciflmtions and Contractor's bid dated November I 2003, attached hereto as Exhibit A and incorporated as part of this contract document, or directed by the Airport Director. 2. Contract sum. The Owner shall pay to the Contractor for the performance of tt. Contract, as follows: A. The Owner shall pay the Contractor for the performance. of said service on a weeki., arrears basis. The Contractor shall invoke the Owner weekly for the landscape maintenanc( performed under the Contract Documents contained herein. B. The total compensation to be paid the Contractor during the term of the Contract shall not exceed during the first year. C. Compensation to the Contractor shall be calculated, billed, and paid on the basis of $25.00 per hour per person performing services. S. Contractor's 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 pr•3visions contained In the specifications. All Specifications have been read and carefully co: uidered by the Contractor, and Contractor understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this Contract be more strongly construed against the Owner than against the Contractor. B. Any dmbigulty or uncertainty In the Specifications shall be interpreted and construed ly the Owner, acid Owner's decision shall be final and binding upon all parties. G The passing, approval, and/or acceptance of any part of the work or material by the caner shall not operate as a waiver by the Owner of strict compliance with the terms of this cntract, and Spedflcations covering said work. Failure on the part of the Contractor, immediately ter Notice to cocci workmanship shall entitle the Owner, If It sees fit, to correct the same and cover the reasonable cost of such correction from the Contractor. Contractor Is who shall in any ent liable to the Owner for all damage, toss, and expense caused to the Owner by reason of the "tractor's breach of this Contract and/or Contractor's failure to Comply strictly with this Contract I with the Specifications. . 4\ Term of contract/renewal. This contract shall be For a period of one (1) year, Imencing on the date first above written, with two one year options exercisable at the discretion he County. snoic narmies •L.C'jnry from any and all claims) and demandthat may + y be made against theCountyfro act or omission of the Contractor arising out of his dunes and obligations under this Con excluding any claims or demands predicated solely on act(s) or emission(s) of the County. 6. Independent Contractor. At all times and for all purposes under this agreement Contractor Is an independent contractor and not an employee of the Monroe County Board of Co Commissioners (BOCC). No statement contained In this agreement shall be construed so as to the Contractor or any of his/her employees, contractors, servants, or agents to be employees of Monroe County Board of County Commissioners. 7. Assignment/Subcontract The Contractor shall not assign or subcontract agreement, except in writing and with the prior we'nM approval of the BOCC, for which appro shall be subject to such conditions and provisions as the Board may deem necessary. agreement shall be Incorporated by reference into any assignment or subcontract and any assign or subcontractor shall comply with all of the provisions of this agreement. Unless expressly proved for therein, such approval shall in no manner or event be deemed to. Impose any obligation upon t Board In addition to the total agreed -upon price of the services of the Contractor. IL Compliance With Law. In providing all services pursuant to this agreement, th Contractor shall abide by all statues, ordinances, rules and regulations pertaining to, or regulatin the provisions of, such services, including those now in effect and hereipafter adopted. Any violatio of said statutes, ordinances, rules and regulations shall constitute a material breach of the' agreement and shall entitle the Board to terminate this contract Immediately upon delivery o written notice of termination to the Contractor. The Contractor shall possess proper licenses t 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 suMclent to allow for the purchase of the services/goods specified herein, this contract may then be terminated immediately at the option of the BOCK by written notice of termination de!lvericl in person or by mail to the Contractor. The SOCC shall not be obligated to pay for any services provided by the Contractor after the Contractor has received written notice of termination. 31. Professional Responsibility. The Contractor warrants that It is authorized by law to engage in the performance of the activities encompzssed by the project herein described. The :oii5dcwr shall at all times exercise Independent, professional judgment and shall assume )rofessional responsibility for the services to be provided. Continued funding by the Board Is ,antingent upon retention of appropriate local, state, and/or federal certification and/or lieensure of :ontractor. 1.2. Notice requirement Any notice required or permitted under this contract shall be in rating and hand delivered or malted, postage prepaid, to the other party by certif]ed.. mall, return !celpt requested, to the following: )LINTY ter Horton VIA Airport Director 91 S. Roosevelt Blvd. V West, FL 33040 CONTRACTOR Gardens of Eden 92 Bay Drive , Key West, FL 33040 - - -- _- ..till 7GYC11 l/) 'notice to the Contractor. Cause shall constitute a breach of the obligations of the Contract 3 perform the services enumerated as the Contractor's obligations under this contract. Either c a panties -hereto -may -cancel this contract without cause by giving the other party sixty (60) written notice of Its intention to do so. 4 7 14. Records. Contractor shall maintain all books,. records, and documents din 8 pertinent to performance under this Agreement In accordance with generally accepted accoun 2 principles consistently applied. Each party to this Agreement or their authorized representat Q shall have reasonable and timely accessIo such records of each other party to this Agreement I public records purposes during the te'rm of the Agreement and for four years following termination of this Agreement. 3 s IS. Governing Lew, Vanua, interpretatton, Costs, and Fees: A. This Agreement shall be governed by and construed in accordance with the laws of t State of Florida applicable to contracts made and to be performed .entirely In the State. e. In the event that any cause of action or administrative' proceeding Is instituted for tl enforcement or Interpretation of this Agreement, the County and Contracor agree that venue will I In the appropriate court or before the appropriate administrative body In Monroe County, Florida. Q The County and Contractor agree that, In the event of con fllcting.lnterpretations of th terms or a term of this Agreement by or between any of them the Issue shall be submitted t mediation prior to the Institution of any other administrative or legal proceeding. 1L Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be dedared 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 thereby; and each remaining tern, 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 prevalling party shall be entitled to reasonable attorneys fecourt costs, Investigative, and out-of-pocket expenses, as an award against the non- as,p.mvalling party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses In appellate proceedings. Mediation proceedings Initiated and conducted pursuant to this 4greement shall be In accordance with the Florida Rules of Civil Procedure and usual and customary .7rocedums required by the circuit court of Monroe County. 18. Binding Effect. The terms, covenants, conditions, and provisions of this Agreement hail bind and Inure to the. benefit of the County and Contractor and their respective legal =presentatives, successors, and assigns. 19. Authority. Each party represents and warrants to the other that the exdcution, :livery and performance of this Agreement have been duly authorized by all necessary County and TPOrate action, as required by law. 2�. Adjudication of Disputes or Disagreements. County and Contractor agree that all �putes and disagreements shall be attempted to be resolved by meet anti —••s..- -- iresentativae ^F -- - _ - -------- -- - P._. Jf►_ litueung or the or -ounty Commissioners. If the issue or issues are still not resolved to the satisfaction parties, then any party shall have the right to seek such relief or remedy as may be provided b Agreement or by Florida law. - - - - 21. Nondiscrimination. A. County and Contractor agree that there will be no .discrimination against any pe and it is expressly understood that upon a determination by a court of Competent jurisdictlon discrimination has occurred, this Agreement automatically terminates without any further action the part of any party, effective the date of the court order. County or Contractor agree to con with all Federal and Florida statutel, and all local ordinances, as applicable, relating nondiscrimination. B. These Include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 ML 88-352) which prohibits discrimination on basis of race, color or national origin. 2) Title D( of the Education. Amendment of 1972, as amen (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex. Section SO4 of the RehablIMBtlon Act of 19731 as amended (20 USC s. 794), which prohi discrimination on the basis of handicaps. 4) The Age Discrimination Act of 1973, as amended USC ss. 6101-6107) which prohibits discrimination on the basis of ape. 5) The Drug Abuse Off! and Treatment Act of 1972 (PL 92-233), as amended, relating to nondiscrimination on the basis drug abuse. 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment as Rehabilitation Act of 1970 (PL 91-616), as amended► relating to nondiscrimination on the Is alcohol abuse or alcoholism. 7) The Public Health Service Act of 1912' ss. 523 and 527 (42 USC s 690dd-3 and 290ee-3), as amended, relating to cordldentlailty of alcohol and drug abuse pate records. 8) Title VM of the Civil Rights Act of 1968 (42 tlSC S. at seq.), as amended, relating t nondiscrimination in the sale, rental or financing of housing. 9) The Americans with Disabilities A of 1990 (42 USC s. 1201 Note), as may be amended ftm time to time, relating to nondlscriminatio on the basis of disability. 10) Any other nondiscrimination provisions in any Federal or state statute 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, @ration, 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 stihetanee 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 a oy .Interest, which would Conflict in any manner or d . me with Its performance under this Agreement, and that only interest of each Is to perform and receive benefits as recited 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 employes as Delineated In Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public )osltlon, conflicting employment or contractual relationship; and disclosure or use of certain iformation. 25. No Solicitation/Payment. The County and Contractor warrant that, In respect to self, It has neither employed nor retained any company or person, other than a bona fide employee orking solely for it, to solicit or secure this Agreement and that It has not paid or agreed to pay any arson, company, corporation, individual, or firm, other than a bona finer- r It, anv fee. r---j- contractor agrees that the County shall have the and, at its discretion, to offset from monies owed, commissio"ercentage, gift, or consideration: -- --- VA uic NIUVf5101 right to terminate this Agreement without li, or otherwise recover, the full amount of cote., 26. Public Access. The County and Contractor shall allow and permit reasonable at to, and Inspection of, all documents, papers, letters or other materials in Its possession or undt control subject to the provisions of Chapter 119, Florida Statutes, and made or received by County and Contractor In conjunction with this Agreement; and the County shall have the rigt unilaterally cancel this Agreement upon violation of this provision by Contractor. 27. Non -Waiver of Immunity. The provisions of Sec. 286.28, Florida Statutes, participation of the County and the Contractor In this Agreement and the . acquisition of commercial liability Insurance coverage, self -Insurance coverage, or local govemment Ilabi Insurance pool coverage shall not be deemed a waiver of Immunity to the extent of liabi coverage, nor shall any contract entered Into by the County be required to contain any provision waiver. 21L Privileges and Imrnunitles. All of the privileges and immunities from Iiablill i exemptions from laws, ordinances, and rules and pensions and relief, disability, worker compensation, and other benefits which apply to the activity of officers, agents, or employees of ar public agents or employees of the County, when performing their respective functions under th Agreement within the territorial limits of the County shall apply to the same degree and extent t the performance of such functions and duties of such officers, agents, volunteers, or employee outside the territorial limits of the County. 29. Legal Obligations and ResponsibIlitles. Non -Delegation of Constitutional o Statutory Duties. This Agreement is not Intended to, nor shall it be construed as, relieving and participating entity from any obligation or responsibility Imposed upon the entity by law except tc 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 Nora- Parties. No person or entity shall be entitled to ; eiy ::pan the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim 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, or employee of either shall have the authority to inform, counsel, or otherwise Indicate that any particular individual or .gaup 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 Uablilty. No covenant or agreement contained herein shall be deemed o be a covenant or agreement of any member, officer, agent or employee of Monroe County in his r her individual capacity, and no member, officer, agent or employee of Monte County shall be able pef5onally an this Agreement or be subject.to any personal liability or accountability by reason 'the execution of this Agreement. 33. Execution In Counterparts. This Agreement may be executed in - - unterparts. earh of ,..�: . . --"ule Cnls Hgree by singing any such counterpart. 34. Section Headings: - -Section -headings have - been inserted in this Agreement matter of convenience of reference only, and it is agreed that such section headings are not a pa this Agreement and will not be used in the interpretation of any provision of this Agreement. IN:V (SEAL ATTE (SEAL) ATTEST: By — Tltie jairKWIAIandscape ESS WHEREOF, the parties hereto have set their hands and seals the day and 1 n. BOARD OF COUNTY COMMISSIONERS KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA r.� By. E y Cderk M r/Chairperson OowrAoft 0 000M131 I mmftwo PkxMN=vAss&. ft 3 GARDENS OF EDEN .' Y Title MONROE COUNTY ATTORNEY ROF-rutirf M; A013ELFE - CHIV A j8T11ANgy EXHIBIT `A' 92 Bay Drive Key West, FL _33040- I— (303) 745-367-77 ph/fax ' (305) 304.7835 cell RE: Bid/Key West International Airport 3491 S. Roosevelt Blvd. Key W.est.� FL 33040 ro Whom It May Concern: November 12, et me first take this opportunity to thank you for the privilege of bidding for your roject for the property maintenance at Key West international Airport Gardens of den would be more than happy to accommodate any and all of your needs per your )ntract as follows for. The Terminal Area The ARFF Building The Parking Lots The Access Roads The r unway/Taxiway/Aircraft Ramp Areas following as described would apply to the above -mentioned areas with man-hours ointed and executed according to season conditions and maintenance need. roxirnately 4p man-hours per week, 5 days per week, wouid be an average for the season, with a higher, varying amount of man-hours required to maintain property 2ecifications in the rainy season. Total contract amount will be billed by Gardens ien in weekly man-hours and paid weekly by EYW as billed. Jna1 Area. AR1:F Building, Parking LotAMU Pick up trash & debris throughout all parking Jot areas on a daily basis. Empty refuse containers as required. Mow and trim all grass areas as needed. Hater potted plants as required. -ertilize plants, pots shrubs, and grass as needed. 'rim palm tress to acev#-., r Iris w Key W'est, FL 33040 (305) 745.3677 Ph/fax ' (305) 304.7855 cell cce_ss 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. inway & Taxiway Areas As needed: Mow & trim grass areas between aircraft parking ramps and taxiw 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 Pelime [ • Mow & trim Bunker area, fence perimeter, and on Airport property along Government Road as needed. �oi� aui me Gardens of Eden will provide their own supplies, equipment & materials. ranee Rggulrements $100.000 Workman's Compensation S300.000 General Liability 1100.00o vehicle Liability at Caen g:- Bav Drive Nev West, FL 33040 (305) 745-3677 ph/fax ' (30S) 304.7855 cell Erneioyees do Subcontractors ov All employers of Gardens of Eden will have & pass an airport background investigation, including a FBI fingerprint examination. There will be no ernpl of Gardens of Eden working on EYW property who is not of legal immigratior status with the proper documentation to prove this. bntr ct Term This contract between Gardens of Eden & Key West International Airport will k for one year, with (3) three one year options to renew upon mutual agreement, :_se let me take this opportunity to say that It has truly been Aug' pleasure worki & with everyone here at EYW. We have truly appreciated the ©Pportunity to ser j through the years. We look forward to continuing to serve you with our hi ndards of property maintenance for many more years to come. ou should have- any problems or questions at all, please feel free to call me at at he above captioned numbers and I will be happy to assist you in any way that I cai !rely, =e Bona ns of Eden %-,.aruens of traen 92 Baja Drive IC'� West; FL 33040 - --- - (305) 74S•3677 ph/fiat • (3i75) 304.7855 cell oral Proposed Cost For Annual Maintenance Contract at EYW: �,480 hrs. (F 25.00 per hr.................................................$7 72,000.00 Proposal accepted as is. We would like to n .eiid proposal. nature: Bate: 'erials mentioned in the abm,e proposal are to be incloded in cantrtcL cottc are ezpresfk noted and agreed upon by signature of this coutrtct hi Ker West Internatiolial AiR„m- end any antendntent to this proposal on separate sheet to be uplrnk etl h}' Gardens of Eden. irn. calk• for } our records. d return original sued proposal to Gardens of Eden. M. PaluhY of perjury, a imd my that the PrOP= d fw•tba Pmjeat drsrribcd a: fog ww to !ow on MY o the biddgr �mu The �CW bt this bid have been CAnd at ir:aiept�rderryY without w °�awlftff• iaatfon or for the a of r�eairf0n• matter re to �t pK= with any other bidder or with : Man, as �Ypetitor; not 33 Unfree otherw� � by hmp the prfcee wMdi have besR • um n9- &doerd by the bidder and wig not � � ��� � thw bra tc bF °pWng• �r�y ar il:direatly, to and► other �' bidder or to *dosed by the bidd °�p�'or; anal 4) No has been maaie or wt11 be made by the Bidder to indu: e . h 4r' mrporaifon to submit, or not I* submft, a bid for the m' other prr car:tpetitior� Purpm of r'asfrfchnq r. . 5) The 5 Mft =nf kmd in this affidavit are -true and ro . . in wfe that Mom'DGc0=,yM M � the truthrft31 atentert,Wfte with na "P ft- = itr=ts for• -dd eel • mod in this ci •�T�i c OF �Or��� - r (5igrra6rune of Sidder) cQuNry of Dh row 3 DATElb - troRE AID, tha tmdersrgned carthorriy, er Ono. What, after rust b • individzW * affbced his/her si M"M by rue, (name of 9� m the p; f�� above onthis day vembe r ZD 3 -- -- AA.. Thy mdersigned vendor in a=rdance f gh�vts 287.087 hereby certifies {'WOof8 ) ;oyea � thR Wmru faanuf,"i dish-11 L pubw a S a bt the woriq a� or >ms of a�'f forvfo t of Mch proh8' I the croons that wtii be tiu +a°t'�'V °�;rt the t+rot�pbaea„ the btnines�s PC"2. Incor:a am�pioye=s abnsti' a aMBNAV, roh= aw ;Cap • a drug-fras waricphm be is fir drisg aOW== � pities vioiati� � ,� ditiCs 01' Can of SC!'viC@S f�iti't' �� �� � render bid a copy of ftft sP Fite rsopiaym that, as a =a tion 4, %the statement spewed Son �' Wa Iffah r bid► the MMiWM wen abide Nrorft i on't cottimadii�es or s of my =wictioon of, or plea of gw'itj tha ies,ns of ftstcdotot amd wM n0 fY up - w) o. �, oo troll: m3o fig, owv of w on in fine wa ' ace s fnftcpl I= of the Draw �t las m' ':tf ' f a.wo o ', cter thatt five �•dagrs �semh amnrit"fiQa' I� WrTS' ' 'an in n drug abuse cssistm'iCe e, Impose a =Mft aa, ar M* t'e • �' ar mil, gips who is st h�:'iiiation IniM at if such ws avoiiab - r:victed I, Ahacks a flood faiih Pfot't ` to Mein a drug -Tres workp3aca through lamentation of this section. `I c {Y that this fIM c�mpiies fuk Wffh tha ' ha psrsod aal fo/s�ign the met s requiremaft (1 r `�. A USc or or a had =r on hivrtw btfioff former h mpfoY vtolatio�r of Ssct3on P. of p� Na 10-i490 Co � Office °r ��OYa Srefi°a 9 of p °�' �Y officer �'.e�npioya in Ks ice Nb. M-ago. For braad� oar violation of t* it from the �aet � aonfinect ��' °� fi°Y �• in fts cootm'P m:hm price, or dhorodu rrecover,.ft fall WOW • de pine.9 ', or F, F I drrntiort P d to the ANIA er Comity offices• �• of my fie, 01 - °nploY,� . (�atarej f- 16 V. _emp CIS XUNTY of �{ D — i'1 rp e .:•-= DIVAU Y APPMM BeOPZ � the s e ianed atsih • - ofrty, • who, artPr nrst � • 0 by me, affixed • Y • of b:c duid skwV m f1m M ded above art tads OFF► 1�c�rCEW of bev- zo 3 . NOTARY PUBLIC my =mmission �• . a®on�waPrtat - rnrao�ai®ieoart �rY sae — w`� nas a pjac� uz. c=== vcca r= _ --dot a bid merits bid as a caca�aatiapwviae�q arm a �� Pacmm=witbac:adityfnrtbe F�$bcat• ' ba � f py°f$� c i as a °° s;pr saber cr<aaasa $ ' =3'aot be ai 3 basiam vamvpub& ►in a dt aq taa d.017• f°Q'CAYT'�O farapraod af36 �Idft= veaaor� ..� °: Bo 'em s ZaaaAoiae HiisCiiMLUWC tO'� 7 = i �l��as s = �r01° �saislas#ows�aaswsts■ � i !sa•!a asaaz a.e mom PII-N��iIA�itiii����i�� . • Isi'siiii�{rrr�ttfa���rar�ats A � t low 141211= siJstlea - 9!— ms� . �tr1r Ciit�tttta t I&M te;tio& 3o at aaIPlee�a sllsL RUN AW au ?i and 3 i • ! hi Y�wa elral4► i�od as! Oil�si� �•w I a =art Mft s foe:io■Mt yw ... 11 ti=I% i Irmvw • = wr Lamoa t i i nwo uaRmmu " w�..�. - - ■tall tasrw0omoes�ot _ l017i ir■�4 - - �� CAI a■aa� &I. sates • Ku ss toy WWI •usswA. �... . .1. ANN tus i,r OVA +*. sz Jjaz= a uso.aaarizwn� .. u_�um�■s��isr�t;�ranr�r�t�� WA! WOM W. EXHIBITS' GENERAL LIABILITY INSURANCE REQUnZEMEM FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the coaaaC=~ of work governed by thb-contract, the Contractor shall obtain General Liability Ins: nnm Coverage shall be mamsaiaed throughout the life of the contract and include, as a m do • ProductsCompleted Operations •Him Cantratttvvai LiabOtty Expande!%'=--M'n Pmond o Property Damage The miai�m remits acceptable shall be: S3000000 Combined Slagle Limit (CSL) If spot limits are Provided, the saman7m limits acceptable shall be: SI00,000 per person S300,000 ner 0 S s6,o0o petty Dm=p Am Oct gdzm,polici, is preferred. If coverage is provided on a Claims Made policy, m provisions should meh:de coverage :'uz iaaas flied on or after the effecdw date of this coamoL Ia sddrtioq �pp d for grbich c may be reported should extend for a mh&=m of twehve (IZ) months following the =g7mnce of work by the County. Mw Monroe Couoty,Board of County Consmissioners shall be named as Additional Insured on all PohCM issurd to sagely the above,requitm=9s. GLI VEHICLE LIABILITY MSURANCE REQun EMENTS FOR CONTRACT REMEEN MONROE COUNTY. FLORIDA An RecoRnizio that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be mamr sided tbroughout the life of the contract and include, as a minimum, liability coverage for • Owned, Non -Owned, and mired Vehicles The minimum lin its acceptable sbaII be: S100,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: S 50,000 per person $100,000 per Occurrence S 25,000 Property Damage The Monroe County Board of County Commoners shah be named as Additional Insured on all policies issued to satisfy the above requirements. VLI. WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE CO�t FLORIDA Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits suflieient to respond to Florida Statute 440. In addition, the Contractor shall obtain. Employers) Liability Insurance with limits of not less thaw: SI00,000 Bodtly ury by Accident Igj S500,000 Bodily I Jury by Disease, POLY Umb Sl 00,000 Bod0i lovy by Disease, each employee Coverage shd be mairtaimed throughout the entire tens of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida, If the Contractor has been approved by the norWs Department of Labor, as an authorized seif- insurer, the Coumy shalt recogaiu and honor the Costtracto-fs stam The Contractor may be required to subra t a Letter of Authorization issued by the Depml=rnt of Labor and a Certificate ofinsurance, providing d=.js on the Contractor's E== insur=ce Program. Ifthe o In addition, theCoy e t i or may be requited � tp � from required. fUnd lrpon request from the County. WC Adm;n:..--:— . ACO . CERTIFICATE OF LIABILITY INSURANCE OP ID GONAD-1 DATEIMMII 06 2 PRODUCER The pullers , Inc 1432 Kennedy Drive Key West FL 33040 Phone : 305-294-6677 Fax: 305-292-4641 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATI ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES 8EL0% INSURERS AFFORDING COVERAGE NAIC N INauRao INSURERA: Pro ressive CO:rmlercial Div INSURER S: DesAres Bona Gardens Of Eden of the Fl Kays KeytrTL 33040 ve INSURERC: INSURERS. INSURER E: _ COVERAGESTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED MOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDRO ANY REQUIREMENT. TERM OR CONWION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBIECT TO ALL THE TERMS. EICCLUSK)NS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. M"0911 INS TYPE OF INSURANC POLICY NUMBER DA MM100 DA TIOMIO N LIMRTI GaNtRALLWILRY EACH OCCURRENCE 1 COMMERCIAL GENERAL LIABILITY PREMISES Ea oew�no 1 I -CLAMS MADE lOCCUR MED W (Any oM P-1 Is PERSONAL i AOV INJURY $ GENBRALAOGREGATE Is OEN1 AGGREGATE LIMIT APPLIES PER: PRODUCTS. COMPW AGO I POLICY F7JE F7 I= L.•u CwoBuu LUABILITY CAM 8045423-0 COMBSI NGLE INGLE LIMIT 05/19/05 05/19/06 (E'•'�""► $ 300000 ALL OWNED ALRD$ SCHEDULED ALTO$ BODIIv INJURY IPa ) B HIRED AUTOB NON -OWNED AUTO$ NX BODILY INJURY (PM OOw") B R I c c R1 Et�T PROPERTY DAMADE ►P«.dm-rl $ AP GARAGE LIABILITY BY - `� AUTO ONW - EA ACCIDENT I ANY AUTO _ OTMER Th4AN EAACC I DATE AUTO aw r: Aoo $ EXCESSIUMSRELLA 11MILITY WAIVER Mr A .�� '' �� EACH OCCURRENCE Is OCCUR F7 CLAIMS MADE n/1 AGGREOAft ` OEl)u-nee RETENTION : I WORKERS COMPENSATION AND T IMI R EMPLOYEW LIABILITY 1E.L. EACH ACCIDENT = ANY PROPRIETOWPMTNERIEXECUTIVE OFFICERAAEMSER EXCLUDED? E.L. DISEASE - EA EMPLO $ M yyuu daalb� undr EL. DISEASE - POLICY LIMIT $ "5461 IL PROVISIONS Mlow RIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENOOR$EMENT I SPECIAL PROVISIONS -tificate holder is an Additional Insured IFICATE HOLDER CANCELLATION MON80CC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIC DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR To MAIL 10 DAYS WRITTEN Monroe County $O(,C NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Risk Management IMPOSE NO OBLIGATION OR LIABILITY Of ANY KIND UPON THE INSURER, ITS AGENTS OR 1100 Simonton St. Key west E% 33040 REPRESENTATIVE/. •11TUA01764101C000lONTLTN6 i ACORD,. CERTIFICATE OF LIABILITY INSURANCE u01/2'1/06 FRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION REGAN INSURANCE AGENCY INC - TAVERNIER ONLY AND CONFERS NO RIGHT UPON THE CERTIFICATE 90144 OVERSEAS HWY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR TAVERNIER, FL 33070 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (3 0 5) 8 5 2- 323 4 1 INSURERS AFFORDING COVERAGE INSURED INSVRERA. American Vehicle Insurance Company Gardens of Eden of the Fl Keys Inc P Y INSU92 Bay Drive W3U XRC= Key West, FL 33040 1 INSURER De INDICATED. NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. sRI I POLICY EFFECTM roucY EXPIIIATTON XNERAL LwII-,TY cxOCCURBNCB = 1000,000 COMbWRCLV.GENERAL DAMAOE(AnTam n) S 100,000 BILITY LADILc MADE p occuR D EXP(Mq we p an) S 5,000 A L0511030009 12/22/200S 11/22/2006 "ONALANDADV E 1000,000 BNRMI AGOABGATR E 2000, 000 EWL AOGREOATE LDIIT "PLIES AODUCTS - C0)0FZ 2000, 000 HR: OO E X POLICY QPROMT LOC UTTTMOBQ.E LLABILMY LDAIT ANY AUTO S AJLLNGLE ALL OWNED AUTOS Y S SCID3DULBD AUTOS tDAEDAUTOS OIL Y FD- NON-OWNEDAUTOSMAW ARAGELWD.ITY BA 1ffS ANY AUTO PTHER THAN I AC E IAUTO ONLY A S XCESS LLABU TY IRACM OCCURANCS ZkCUR []CLAMS MADE ATZ �..A EDucrlBle _ „�.. L.. E luffIRMON ORIIERS COWENSATTON AND . ..... S STATUTORY M7LOYER9 LWQ.I[Y CID -a= �t L. EACH ACCIDENT S �+ L D BA C (�CjYr� OYER LOYBB t nrcnAca _o 11r S DESCRIFTTON OF OPERATIONS/LOCATIONSIVEMCLES/EXCLUSIONS ADDED BY ENDORSEM]ENTISPECIAL PROVISIONS Lawn & Garden Maintenance CERTIFICATE HOLDER I X I ADDITIONAL INSURED:INSURED LETTER: A Monroe County Board of County Commissioners, Key West International 'ANCELLATION LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE LOTION DATE THEREOF, THE ISSUING INSURER WML ENDEAVOR TO MAIL JA W RMLN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. RUT IRE TO DO SO SHALL UA"SE NO OBLIGATION OR LL&REUTV OF ANY KIND THE INSURER ITS AGENTS OR REPRESENTATIVES. ORIZED REPRESENTATM Airport 2491 S Roosevelt SV Key West, FL 33040 Faxed to: ACORD 26-S (7/97) ACORD CORPORATION 198E LARD CERTIFICATE OF LIABILITY INSURANCE BONS DATE (Mwc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE The Fullers, Ino HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2432 Kennedy Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOVI Kay West n 33040 I'P'h'ono:305-294-6677 Fax:305-292-4641 INSURERS AFFORDING COVERAGE NAIC N INSURED INSURERA: Progressive Commercial Di.v Des • See Bona INSURER B: Gardens Of Eden Of the rl Keys INSURER C: gC3B. _ KeyUn't lZe33040 INSURERD: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY RECUIREMBNT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT 4WTH RESPECT TO WHICH THIS CERTIFICATE MAY BL ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN Is SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NEW TYPE Of INS RAN POLICY NUMBER DA MM/D DAT MW LIMITS GENERAL LIAELLIIY EACH OCCURRENCE Is Ef COMMERCIAL GENERAL LIABILITY PREMISES Its oownnws CLAIMS MADE F OCCUR MLO EXP (MY amPw�OII) B PERSONAL S ADV INJURY It GENERAL AGGREGATE Is GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS - CoMPIOP AGO s POLICY P LoC Aw OMOBRJE W+E;LRY COMBINED SINGLE LIMB = 300000 11, AWAUTO 9045423-0 05/19/05 05/19/06 (Es•oddem) ALL OWNED AUTOS BODILY INJURY s X SCHEDULED AUTOS IPA perun) HIRED AUTOS BODILY INJURY s X NON -OWNED AUTOS (Pa amkk d) _ u�-h1EWT RI: PROFERTYOAMAOL L AP (Pw a AUTO ONLY - EA ACCIDENT I s OARAG! LIABILITY By 1 1 �) RA ACC s ""Ana _ OTHER T}IAN DATEALITOONLr: AGO s EXC[!BlUYBRLLLALWILRY WAIVERLBACHOCCURRENCE s OCCUR F—ICLAIMS MADE AGGREGATE I s DEDUCTIBLE I s RETENTION I s WORKERS COMPENSATION AND TRY IMI MR EMPLOYERS' LIABILITY E.L. EACH ACCIDENT f ANY PROPRIETORIPARXE TNERIECUTIVE OFFICERIMEMBER EXCLUDED9 E.L. DISEASE - EA EMPLOYE 7 II E426 IAL tlB PwWn SPECE.L. DISEASE • POLICY LIMB i pOVIS10N3 hel� ow � OTHER 3cRIFTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMUNT I srrvIA6 rnvvlo wris Irtificate holder is an Additior}al Insured tTIFICATE HOLDER CANCELLATION Monroe County HOCC Risk Management 1100 Simonton St. Rey West FL 33040 Mon= SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED LEFORE THE EXPIRATI DATE THEREOF, THE ISSUING INSURER WALL ENDEAVOR TO MAIL 10 DAYS WRMEh NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SNAL IM/OSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES. /4 / MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the folloA-ing contact. Contractor: _(�c^2 Z e),r %7- Contract for: Address of Contractor: �p2 tea.!/ Phone: Scope of Work: %GG'�c1T� Reason for Waiver: ��p ���%toiP 0,V Z'/YI.OI Policies Waiver will apply to: Signature of Contractor: Approved Not Approved Risk Manae.ement Date 2 County Administrator appeal. 4pproved: Date: Board of County Commissioners appeal: Approved: Meeting Date: Not Approved: DATE INITI M Not Approved: - "`- 103 cST4 e112 FULLERS INS AGCY clrivaR 1432 KENNEDY DRIVE AVOSARM KEY WEST, FL 33040 004600 Policy number: 08045423-2 Underwritten hy. Progressive Express Ins Company Insured: DESIREE BONA MONROE COUNTY BOCC May 11, 2007 1100 SIMONTON KEY WEST, FL 33040 Policy Period: May 19, 2007 May 19, 2008 Mailing Address Progressive Express Ins Company PO Box 94739 Additional insured endorsement Cleveland, OH44101 800-444-4487 For customer service, 24 hours a day, Name of Person or Organization 7 days a week MONROE COUNTY BOCC 1100 SIMONTON KEY WEST, FL 33040 The person or organization named above is an insured with respect to such liability coverage as is afforded by the policy, but this insurance applies to said insured only as a person liable for the conduct of another insured and then only to the extent of that liability. We also agree with you that insurance provided by this endorsement will be primary for any power unit specifically described on the Declarations Page. Limit of Liability Bodily Injury Not applicable Property Damage Not applicable Combined Liability $300,000 each accident All other terms, limits and provisions of this policy remain unchanged. This endorsement applies to Policy Number: 08045423-2 Issued to (Name of Insured): DESIREE BONA DBA GARDENS OF EDEN Effective date of endorsement: 05/19/2007 Form 1198 (01,04) Policy expiration date: 05/19/2008 ACORDn. CERTIFICATE OF LIABILITY INSURANCE °"11/ 0107 PRODUC]E/t THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION REGAN INSURANCE AGENCY INC ONLY AND CONFERS NO RIGWF UPON THE CERTIFICATE 90144 OVERSEAS HWY HOLDER- THIS CERTIFICATE DOES NOT AMEND, EXTEND OR TAVERNIER, FL 33070 + F(3054hl VERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE �% D.sUR]ED of Eden of the 1 K 92 Day Drive Key West, FL 33040 rye' r NU1 26 w w Am rican Vehicle Insurance C anGardens E D: RISVA H: COVERAGE THE POLICIES OF INSURANCE LISTED 8 LOW HAVE TH NSUR D NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOT WITHSTANDING ANY R OLAREMEN�j�� mON OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE Mt4'FBEi66l AIMr7?!E URANCE AFFORDED BY THE POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTty]E POLICY ]EXPIRATION LTR rim OF POLICY NUMM DAT]E (MMM01" DAT K (!2!e L1Mn'S GINERAL LU5UZff CttOCCURENCC s 1000, 000 DA%4AGF{A"— S 100,000 x Com" cmLGemEAL ULABUJTY DEIMAM MADE M OCCUR Empmerpa..$) s 5,000 Y ANDADY s 1000,000 11/22/2007 1/22/2008 AGGRwATE s 2000, 000 OG-compmF s 2000,000 XWJMTE LOW APPEM cY ❑Pftwwr ❑IOC DiBD SDUNl! LOQr s UTOIJASH.rrY UTO YDWtY S TYNIVAUTOS IX.lDAUTOS Y INJURYWNED IL0511030009-2 AUTOS AUTOSDAMAOES LJASHlrY VIOOM.YS UTO THAN FAA S S UTDONLY. A ut�slturY ElmADNS MADE r+ ; �•, �"�' _- — — i .._- CROCCJJttANC7 s QGRHttAIB s s WORXZU C'OMPTJ4SATIONAND EMPLOY=$ LIASEWT 1-... '� STATI/TORY 1 EACH AameN s LMUZAse-Ew YE]E s Policy DESCREMON OP OFOIA'[iONSl1,OCATIOrBf VOQCt.]ESIIO[CLUMONS ADDSD SY ENDOURNM IA�C jRO ' Vr(IS��I(O��NS Lawn i Garden Maintenance CERTTFICATE HOLDER X mmmoNAL D.s[RUm.-mmm Lcrm.- A I CANCELLATION D ANY OF UM ASOV]E DISC MW FOLICMS N]E CANC]ELIFD S]EFOM 'ME TJON DATE THRSOF, 71E]E LRSUD.G MSUMM WRX ENDRA VOR TO MAIL A2 AYS "MIEN NO1= TO 7L]E 0"WATE HOLAR NAIL TO THE L]EFT. UN AH.OR]E TO DO NO SMALL OROS]E NOOSLIGATIM OR L ANHATY OF ANY Ism Monroe County Hoard of County THIt SCIRMUCL MAGNIM ORRQlCSOCrATTVIS. vrHORv>mR»te$arrATtvs Comissioners, Key West International Airport 2491 S Roosevelt Key West, FL 33040 1996 Edition MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that ttie insurance requirements, as specified !n the County's Schedule of Insurance Requirements, be waived or modified on the following contract. Contractor: & A tz oL 10 " --,I f L= OL K) c--rf -f 6 e ' .. L � - y.--� �—,` vt C Contract for: i�C- j �a ?tJJ=`=•t ? A_�� i� ti 1 t C Address of Contractor: f ` 1 _y 6L tyL 1 Phone: 2 < ` 5 ' j l�- �" } J " -DG' �� 5 Scope of Work: %� c Y\ AAa Ot PVC E r 'c - iw-1 t--, Reason for Waiver: (.�,) ty iC"'y" b�. t c� , � ��� � ���y C Policies Waiver will apply to: Signature of Contractor: Approved _ Risk Management Date County Administrator appeal: Approved: _ Date: Board of County Commissioners appeal: Approved: Meeting Date: Not Approved Not Approved: Not Approved: Administration Instruction � IJ #4709.3