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Item D03 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 2/21/07 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 expires March 16,2007, and both parties wish to exercise the option for renewal. PREVIOUS RELEVANT BOCC ACTION: Approval of current agreement, 4/19/06 CONTRACT/AGREEMENT CHANGES: Extends expiration date to 3/16/08. Amended compensation, not to exceed $122,502.86. STAFF RECOMMENDATION: Approval TOTAL COST: $122,502.86 COST TO AIRPORT: $122,502.86 COST TO PFC: None COST TO COUNTY: None BUDGETED: Yes SOURCE OF FUNDS: Airport Operating Budget REVENUE PRODUCING: No AMOUNT PER MONTH !YEAR: APPROVED BY: County Attorney X OMB/Purchasing X Risk Management X DOCUMENTATION: Included X Not Required AGENDA ITEM # DISPOSITION: /bev AO 11/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Gardens of Eden Effective Date: 3/17/07 Expiration Date: 3/16/08 Contract Purpose/Description: Landscape maintenance for the Key West International Airport Contract Manager: Bevette Moore (name) for BOCC meeting on: 2/21/07 # 5195 (Ext.) Airports - Stop # 5 (Department! Stop) Agenda Deadline: 216/07 CONTRACT COSTS Total Dollar Value of Contract: $122.502.86 Budgeted? Yes Grant: No County Match: None Current Year Portion: -$71,000.00 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 County Attorney _/--!- ) (N ) (/ ) ( ) ) ( ) ~lt Ii] ~on ~~~~t ~ for OryJ~ ~ J. 1\..0 tv I ~tu:'A do County Attorney -L/:z..4/ QJ LllfJ.Q] 1I~1L1- De / 01 Airports Director ---I.-J1Ai 01 Risk Manag"ent~ LiJ8Jti &B.!pur~a~~~ LtBJ-1fr Comments: LANDSCAPE MAINTENANCE EXTENSION AGREEMENT TillS 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: 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, 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. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairperson GARDENS OF EDEN ~~ By' Title llll-'~U '-"'''''''UW ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 DATE (M1'I/DD/YYI 01/04/07 PRODliCER THIS CERTIFICATE IS ISSlJED AS A :\1ATTER OF INFORMATION ONLY REGAN INSURANCE AGENCY INC AND CO"FERS NO RIGHT UPO!'; THE CERTIFICATE HOLDER. THIS 90144 OVERSEAS HWY CERTIFICATE DOES :'\lOT AMEND, EXTEND OR ALTER THE COVERAGE TAVERNIER, F'L 33070 AFFORDED BY THE POLICIES BELOW. (305)852-3234 INSURERS AFFORDING COVERAGE INSIIRI:O INSIIRERA, American Vehicle Insurance Company Gardens of Eden of the Fl Keys Inc 92 Bay Drive INSURER B: INSURER C: Key West, FL 33040 INSURER 0: INSURER E: COVERAGE THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 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. I~SR POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE (MM/ODIYY) DATE (MM/ODIYY) LIMITS k;ENERAL LIABILITY EACH OCCURENCE $ 1000,000 ~ COMMERCIAL GENERAL LIABILITY IRE DAMAGE(Any one Gre) $ 100,000 TI'LAIMS MADE 00 OCCUR MED EXP(Any or'le person) $ 5,000 A :J GLOS11030009-l ] 1 /22/2006 11/22/2007 ERSONAL AND ADV 1000,000 INJURY $ :J GENERAL AGGREGATE 5 2000,000 GEN'L AGGREGATE LIMIT APPLIES PER: RDDUCTS,COMP~PAGG 5 2000,000 RI POLICY 0 PROJECT 0 LOC UTOMOBILE LIABILITY e~~~i~~~~ SINGLE LIMIT 5 ANY ALTO ALL OWNED AUTOS BODIL Y INJURY S SCHEDULED AUTOS Per oersonJ HIRED AUTOS BODILY INJURY 5 NON,OWNED AUTOS Y'fl~i n ,. ":Q .I Per accidenl) ROPERTY DAMAGE 5 Per accIdent) ARAGE LIABILITY l-l 0'01 UTO ONLY, EA ACCIDENT 5 ANY AUTO TilER THAN EAAC 5 UTOONLY: AG $ EXCESS LIABILITY 'r- ACH OCCURANCE S ]oCCUR []clAIMS MADE GGREGATE 5 $ ~:DUCTIBLE 5 ETENTION $ ~ORKERS COMPENSATION AND ]wc STATUTORY EMPLOYERS LIABILITY LIMITS [}JTHER .I. EACH ACCIDENT S H_t OISi=;..\SF:-EA FJ\.1PLOYFE 5 .l.DISEASE ' POLICY LIMIT 5 OTHER DESCRlrTlON OF OPERATlONS/LOC ATlONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Lawn & Garden Maintenance ***CERTIFICATE HOLDER IS SHOWN AS ADDITIONAL INSURED*** CERTIFICATE HOLDER Ix I ADDITIONAL INSliRED:INSURED LETTER, I CA:-lCELLA TION HOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEA VOR TO MAIL IU DA YS ~RITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SOSHALL IMPOSE NOOBLlGA TION OR LIABILITY OF ANY KIND UPON THE INSURER, TS AGENTS OR REPRESEST A TIVES. Monroe Co Board of Commissioners (for Key AUTHORIZED REPRESENTATlYE West International Airport) 2491 S. Roosevelt Blvd Key West, FL 33040 ~ .dJ1P Faxed to: ACORD 26-5 (7/97) ACORD CORPORATION 1988 ACORD~ CERTIFICATE OF LIABILITY INSURANCE OP ID 1~ DATE (MMIDD1YYYY) BONAD-1 07/05/06 PRODUCER I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE The Fullers, Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1432 Kennedy Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Key West FL 33040 I NAIC# Phone: 305-294-6677 Fax:305 292-4641 ---.. ... FORDING COVERAGE .... r- 't (- INSURED i\[\.".,~: ; , , UJsURER A: rogressive Commercial Div I '.1., . . "'u INSURE~B: I I INSURE~C: '1 Desiree Bona I , 92 B~ Drive i JUL 7 INSURERD: I Key est FL 33040 I INSURERjE: I COVERAGES ---~ .. ,~. - - THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN IS$UEO TO THE INii~li1iNMI~~ A~Q';E FOR THE POL CY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT ' ~t WllH$! HIS CERTIFICATE MAY BE 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 NSR[ TYPE OF INSURANCE POLICY NUMBER POATe iMM/DDtYW DATE'IMWDl5' LIMITS GENERAL LIABILITY EACH OCCURRENCE S - COMMERCIAL GENERAL LIABILITY PREMISES (Ea cecure"ce) S - :=J CLAIMS MADE 0 OCCUR I MED EXP (Anyone person) S - PERSONAL & ADV INJURY S - I GENERAL AGGREGATE S - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S I POLICY n ~~8r n LOC AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT - S 300000 A X ANY AUTO 08045423-1 05/19/06 05/19/07 (Eaacctdent) - All OWNED AUTOS BODILY INJURY - S X SCHEDULED AUTOS (Per person) - HIRED AUTOS BODILY INJURY - (Per accident) S ~ NON-OWNED AUTOS I - PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY. EA ACCIDENT S ~ ANY AUTO OTHER THAN EA ACC S ^ (~ () n AUTO ONLY: AGG S EXCESS/UMBRELLA LIABILITY ~i}\ ~ EACH OCCURRENCE S :=J OCCUR D CLAIMS MADE 'V' " ~ l/l-U AGGREGATE s S ~ DEDUCTIBLE "I- ( n~ Ii s RETENTION S f ) S WORKERS COMPENSATION AND () \l; , JJk I TORYlIMITS I IUeR" EMPLOYERS' LIABILITY Q , ~Y PROPRIETORIPARTNERfEXECUTIVE CC E,L, EACH ACCIDENT S OFFICER/MEMBER EXCLUOED? '~1\ N'ciJJ.2- E,L, DISEASE. EA EMPLOYEE S m~lts~~J:~f~NS below r, ~ EL DISEASE - POLICY LIMIT S OTHER - DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate holder is an Additional Insured CERTIFICATE HOLDER CANCELLATION MONBOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA TIC DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LJA LITY OF AN Monroe County BOCC Risk Manaqement 1100 Simonton St. Key West FL 33040 REPRESENTATIVES. AUTHORIZED REPRESENTATIIl KIND U~N THE INSURER, ITS AGENTS OR / I . Norman Fuller --_...-~,.~ ACORD 25 (2001/08) LANDSCAPE MAINTENANCE EXTENSION AGREEMENT TInS 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 yeer, a 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 beneftcial to both parties; 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. 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 tenn of this extension agreement shall not exceed $118,474.72 during the tenn 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 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 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 Defmed. As used in this Agreement, airport operator means Monroe County, Florida, its elected and appointed officers, and its employees. d. Airport Property Dermed. 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 CPR 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 Airpot:t Security Program. g. TcnaDt 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 CPR 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 p~nalty .'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 Sanc:tion 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 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 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 TS^, 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 ofBrearh. 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 reaJl'. 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 tennination of this Agreement, and shall be in full force imd effect. __ .. ........--r.-;-.- '--'-;':"---'. __:....;.,:::-:-::- .c7.~'o-..- ---' -:,: _ 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 govl~mmentaJ agency (including but not limited to the Federa! 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. )..-';::--:---::-.~~ (SEAiS',~~~~'~~, ,coMMiSSIoNERs /AT't:ESN~~' KOLHAGE, CLERK ~-\~' ci" i '710 . ;~t.,' c~<@. ~.)6~ ':".:'..:"-c,;;-;.l?Wuty Clerk --~..:=-...=:.-, BOARD OF COUNTY OF MONROE COUNTY, FLORIDA Ma~son-- By /' / GARDENS OF EDEN ,[, , J By ,. : ___'-; ~~_____ Title iA;s,'(-e .~.., as to form by: ..---..----- - ---- ~_..- Key West, FL 33041-1026 (305) 292-3470 --' ---,--- LANDSCAPE MAINTENANCE ExTENSION AGREEMENT TInS 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 "Contraetor". 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, 2Q05 but the parties desire to extend the original agreement an additional I year, now, therefore, : IN CONSIDERATION of the mutuai 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 (I) 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 SII5,024.oo during the term of this extension. 3 The following paragraph is appended to the Landscape Maintenance Extension Agreement and incorporated imo the original agreement as paragraph 35. 35. AirPort Security. L 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 regulatious 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 intCDt of the airport operator that the burdens and consequences of any security violations imposed upon the airport 'operator as a ~ ~ actions. by an airport tenant or the. airport tenant's employees, agents, mVltees, or-licensees shall be borne by the airport tenant. . b. Airport Tenant Defmed. 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 aimort ~..._. - -- - - --, '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 Dermed. 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 Airpo~ or both as may be set forth in, this Agreement. . ~ . - , e. lDSpectiOD 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, Umted States Code, and 49 CPR 1540~ et seq. r. Airport Security Prognam. The airport tenant agrees to become familiar, to the extent pennitted 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. Hpermitted under TSA regulations, the airport tenant may voluntarily undertake to maintain an Airport Tenant Security Program as referred to in 49 CFR 1542. I 13. If the airport tenant voluntarily promulgates an Airport Te"..uuit 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 determine that the airport tenant or one or more of the airport tenant's employees, agents, invitees, or licensees has committed an d 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 shaH be considered a significant breach of this Agreement. (1). Minimum Violation. If the violation is the first or second violation anributed 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 airpon operator the total costs incurred by. the airport Opmltof, including any fines or penalties imposed, in investigating, defending, mitigating, compromising, or taking of remediaJ measures as. ~ay be agreed to by TS~ to include but not be limited to reasonable attorney's feesancr-costS -Incurred in the investigation, defense compromising, mitigation, or taking of remedial action measures. If th~ violation is a third violation, or there are multjple violations in excess of two violations, that is or are a civil penalty "~nimum ~olation", the airpon tenant shall pay to the airport operator the total costs mcurred 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 iD the investigatiOD, defense,. compromising, mitigation, or taking of remedial action measures; and, fiuther, the airport operator shall have the right to unilaten1lIy cancel this Agreement, such cancellation to be effective thirty calendar days after receipt by the airport tenant of written notice of cancellation of thi~. Agreement by the airport operator. (2). Moderate ViOJatiOL If the violation is the first or second violation attributed to the airport tcDaDt and is a civil penalty "moderate violation99 as provided for in TSA's BDforcement Sanction Guidance Policy, the airport ' tenant may cure the breach by paying to the airport operator the total costs incurred by the airport opgAtOr, inclu~g any fines, or penalties imposed, in investigating, defendina, compromising, mitigating, or taking of remedial measures lIS may be agreed to by TSA, to include but not be limited to reasonable attomey"s fees aDd costs incurred in the investigation, defense, compromising, mitigatiOD, or taking of remedial action measures; and, further, the airport tenaDt may cause all of aiIport tenant's employees involved in the airport teDaDt'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 trainina shall be paid for by the airport tenant. If the violation is a third violatiou, or there are multiple violations in excess of two violations, that is or me a civil. penalty "moderate violation", the airport tenant shall pay tu the airport operator the total costs incurred by the airpon' ' opeJ]!tor, including any fiDes 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 incumd m the investigation, defense, compromising, mitigatio~ or taking of l'\mIediaI action measures; and, further, the airport operatc.r sball have the right to uniJatera1Jy cancel this Agreement, such C2Ilcellation to be effective thirty calendar days after receipt by the airport tenant of written notice of cancellation of this Asreement by the airport operator. , (3). Maximum VioJatioD. If the violation is the first violation attributed to the airport teIUmt and is a civil penalty "maximum violation" as provided for in TSA's .Bnforcem~ .Sanction .Guidance Policy) the airport tenant may cure the breach by paymg to the 8II'port 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 aud costs incurred in the investigation, defense, - ,-------'- compromising;- mitigation, or taking of Temedi.aJ' action measures; and, . further, the airport tenant may cause all of auport tenant's employees involved in the airport tenant's business openttions 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, compromisin& 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 remediaJ 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 offorgoing civil penalty actions when the airport operator detects violations, promptly discloses the violations to TSA, and takes prompt cqrrective 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 airpon 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 incurTed 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 re.asonable 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 airpon tenant. (5). ;Survival of Sub-SectiOD. This sub-section h sh~U survive the cancellation or termination of this Agreement, and shall be in full force and effect. i. Bold l Harmless; IDdemDifiestion; 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 auport 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, fmes, penalties. or business intemJption of any nature whatsoever' of or to any person or property in connection with the use of the airpo~ propeny'uDder thill ~meDt,--iegar~eSs ?f ~sation and including criminal acts of third partles; and especially mcluding any and all fines penalties. out of pocket expenses, attorney's fees and costs, and costs of remediation or additional ~ measures' r~~ired to be implemented by any governmental agency (mc1uding but not hIlUted 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. ..~~~';;~"'" .~:;'-G~.WfI:NESS WHEREOF, the parties hereto have set their hands and seals the day and year /'~:r.' ..~, . ,'. l\: i3.{P;~ e \mtten. :.;:-1 / ',,-. ',1;:;. ~\' 1:._'. /A~ "":....j,~ t", :1'."/ r ~ ~ .1;1 'II ,,-' .....~ '. "....::'. \l~~/...:,(~P ;:::i::~~_' ii! \~... ,R .' ...; ....~$SI~~ ~~",J;-~.' A~?1:a~~~.DAl~N r L. KOLHAGE, CLERK .-.! r.'" '.' r. ~ ~.I~, -~ . ;(;'-4JJ~ Deputy Clerk BOARD OF COUNTY ~ OF MONROE COUNTY, FLORIDA By L~J~ >n (~k.1.) , Mayor/Chairp rson GARDENS OF EDEN /'/~~~ "- ...,/ Witnesses ............. By (01 v':., ~- ,,/'1,\ - r;.'n~ Title v ,-,- -e., l-';{~ '> I ,'h= ;.....7'\ . This document was pre~d approv ~~~~. Assistant Co~ty Attorney Florida Bar No.: 0084050 P.O. Box 1026 , Key West, FL 33041-1026 (305) 292-3410 . ~ ----........... .. ."....~.-.. -- ...-.-.-- ,........--. ....... - ~ l6::y~ WtlldJic:apJnV MaifttenllAIi8 ~A& .Mcl1=fil~S, ~ t7f THIS AGREEMENT, made and entered into the /1 day of ./J1A-KL./t 2004, by between MONROE COUNTY, Florida, (hereinafter caUed "Owner" or "County") and GARDENS EDEN (hereinafter called "Contractor'). -- --- --- - -------- 2 - ~ ~ - J 2. The parties hereto, fer the consideration hereinafter set forth, mutually agree as follows: 1. Scope of work. The work to be perfonned. is landscaping services at Key We International Airport (KWIA). The ~ntractor sh~1J furnIsh all labor, materials, equipmer machinery, teols, apparatus, and transportation and perform aU of the work described in tt Specification entItled: Landscaping ServIces Spedffc:atfons and Contractor's bid dated November 1: 2003, attached hereto as exhibit A and inc:crporated as part of thIs contract document, or a directed by the Airport Director. 2.. Contract sum. The Owner shaff pay to the Contractor for the performance of the Co~tract, 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 fer the landscape maintenance 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 $'H.2,ElB&:-oO during the first year. C. Compensation to the Contractor shall be calcuJated, billed, and paid on the basis of $25,00 per hour per person performing services. 3. 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 CDrrect and contains no errors, and that CcntractDr assumes full responsibility therefor. The provisio"~ of this Contact shall centre I any inconsistel"!t ,pt-.)visions ccntalned in the spedficatJons. An Specifications have been read and carefully CC;'j~idered by the eontractar, and Contractor understands the same and agrees to their sufficiency for the work to be done. Under no drcumstances, ccndltions, or situations shall this Contract be m,?re strongly construed against the Owner than against the Contractor. , B. A~yamblguJty or uncertainty in the Spedftcatlons shall bE' interpreted and construed ,y the Owner, and Owner's d~dsion shall be final and binding upon all parties. C. The passing, approval, and/or acceptance of any part of the work or material by the 'wner shall not operate as a wawer by the Owner of strict compliance with the terms of this ontract, and Spedficatfons covering said work. Failure an the part of the Contractor, immediately 'ter Notice to correct workmaoship shaff entitle the Owner, Jf 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, loss, and expen~e caused to the O,wner by reason ~f the 'ntractor's breach of this Contract and/or Contractor's fi;llture to comply strictly with this Contract d with the Spedfications.. . 4. Term of contract/renewal. This contract shall be for a period of one (1) year nmenc:ing on the date first above written, with two one year options exercisable at the discretic~ he County. 4 ~ S Z a 2 10 ~ 1 ~ 4 ~ 2 7 - ~ ~ __ -.- --.-..-, ...--......'7 QJIU nOlO narml&)c:s \..l mry trom any and all daim(s) ~~d d;;;;~~d(s) that ma~ be made ~gai.nst the County f~~ act or omission of the Contractor arising out of his dutIes and. o~hgatlons under this Contr excluding any claims or demands predicated.solely on act(s) or omlsslon(s) of the County. 6. Independent Contractor. At all times and for all purposes under this agreement Contractor is an independent contrac:tcr and nat an employee of ~e Monroe County Board of COUl Commissioners (BOCC). No statement contained In this agreement shall be construed so as to fi the Contractor or any of his/her employees, contractors, servants, or agents to be employees of t Monroe County Board of County Commis$ioners. 7. Assignment/Subcontract. . The Contractor shall not assign or subcontract tf1 agreement, except in writing and with the prior wrttt:;en approval of the BOCC, for which approv, shari be subject to such condItions and provisions as the Board may deem necessary. Th agreement shall be Incorporated by reference into any assignment or subcontract and any assigne or subcontractor shalf comply with all of the provisions of this agree~ent. Uniess expressly providel for therein, such approval shaUln no manner or event be deemed to: impose any obligation upon tht Board in addition to the total agreed-upon prfce ot the services of the- Contractor. - ! '.' 8. Compliance With Law. In providing all services pursuant to this agreement, the Contractor shall abJde by all statues, ordinances, rules and regulations pertaining to, or regulating the proVisions of, such services, induding those now In effect and heret(1atter adopted. Any violation of~~id statutes, ordinances, rules and regulations shalf 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. 'nle Contractor shall possess proper licenses to perform work in accordance with these spedflcations 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 avaJlabffJty. Notwithstanding anything contained elsewhere in this contract if funds for KWIA services are partially reduced by the BOCC or cannot be obtained or cannot b~ continued at lever suffldent to allow for the purchase of the services/goods spedfled herein this contract may then be terminated immediately at the option of the SOCC by written noti~e of terminatlon ~p.!ivef'.!d In person or by mail to the Contnlctor. The BOer.; shalf not be obligated to pay for any services provided by the Contractor after the Contractor has received written notice of termination. 1~. Professional Responsibility. The Contractor warrants ~at it Is authorized by law to eng~ge," the performance of the activities enCDmp~ssE!d by the project herein descrfbed. The :Oi itrac~or shaU at all times. exercise Independent, professional judgment and shall assume ,rofessional responsibility for the services to be provided. Continued funding by the Board is :ontingent upon retention of appropriate local, state, and/or federal certification and/or licensure of .ontractor. %.2. Notice require~ent. Any notice required or permitted under this contract shall be in 'rftf.ng and hand delivered or mailed, postage prepaid, to the ather party by certffied. mall, return !cerpt requested, to the following: ' JUNTY ter Horton VIA Airport Director 91 S. Roosevelt Btvd. y West, Fl33040 '. CONTRACTOR Gardens of Eden 92 Bay Drive _ Key West, Fl33040 _______ ..._ _......., ,.'_, --, _u'_ -- -- '-:-' ---ow "I~ll :;,t:Vl::lIl/) C :2 , notice to the Contractor. Cause shall constitute a breach of the obligations of the Contraeto; J . perfom1 the services enumerated as the Contractors obfigati~~s under this contract. Either of ~ __ _parties-beretc-may-cancel- this- contract without cause by g.vrngthe other party sixty (60) d, ~ written notice of Its intention to do so. Q Z ~ 2 Q 1 , ~ ~ 14. Records. Contractor shall maintain all books, ,records, and documents direc pertinent to performance under this Agreement In ac:ccrdance with g~nerally accepted aa:ounti principles consistently appJJed. Each party to thIs Agreement. or their authorized representativ shall have reasonable and timely access:to such records of each other party to this Agreement f public records purposes during the term of the Agreement and for four years following tt termination of this Agreement. 2 15. Goveming Law, Venue, Interpretation, Costs, and Fees: . A. This Agreement shall be governed by and construed In aa:ordance with the laws of th State of Florida applicable to centracts made and to be perfcnned ,en~rely In the State. B. In the event that any cause of aetton 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 Mon~e County, Aorida. C. The County and Contractor agree that, In the event of CQr~fllctfng. 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 b~ dedared Inv..aUd or unenforceable to any extent by a court of competent jurisdiction, the remaming terms, CDvenants, conditions and provisions of this Agreement, shall not be affec:ted thereby; 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, CDvenants, condltlons and provisions of this Agreement would prevent the acc:omplishment 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 cernes as dose as pOSSible to the intent of the stricken. provision. . . 17. Attomey's Fees and Casts. ll1e County and Contractor agree that in the event any ca use of action or administrative proceeding Is Initiated or defended by either party relative to the enforcement <<;Ir 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, CDUrts costs, Investigative, and out-of-pocket ,; expenses In appellate proceedings. Mediation proceedings Initiated and conducted pursuant to this Agreement shall be In aa:ordance with the Florida Rules of Ovil Procedure and usual and customary procedures required by the drcult court of Monroe County. ' l 18. Binding Effect. The terms, covenants, conditions, and provisions of this Agreement ihafl bind and ,inure to the. beneftt of the County and Contractor and their respective legal 'epresentatives, successors, and assigns. . 19. Authority.' Each party represents and w~rrants to the other that the execution, ehvery and performance of this Agreement have been duly authorized by all necessary County and Jrporate action, as required by law. 20. Adjudication of Disputes or Disagreements. County and Contractor agree that all sputes and disagreements shalf be attempted to be resolved by meet and CQnf~,.. c:D....I--- L. -. presentatives nF l:l"".&" _Il &.L . _ ,____ _, ____ -- -.------- -- - I"'...w.... lll:;::llng or rne f VI I...l.lunty commissioners. If the issue or iSSues are stili not resolved to the satisfaction 0 parties, then any party shall have the right to seek such relief or remedy as may be provided b-y Agreement or by Florida law. -, ,--,------- -- - ... .:. 21. Nondiscrimination. A. County and Contractor agree that there will be no. ,discrimination against any pen and it is exPressly understood that upon a determination by a ,court of competent jurisdiction 1 discrimination has occurred, thIs Agreement automatically temunates without any further action the part of any party, effective the date :of the CDurt order. County or Contractor agree to com with all Federal and Florida statutes, and all local ordinances, as applicable, relating nondiscrimination. - .... ~ B. These Indude but are not f1mlted to: . 1) TItle VI of the Civil Rights Act of 1964 (PL 88-352) .whlch prohibits dlscrtminatlon on tl basis of I"!ce, color or national origin. 2) TItle IX of the education.Am~ndment of 1972, as amendt (20 use ss. 1681-1683, and 1685-1686), which prohibits discrimInation on the basts of sex. : Section 504 of the RehablJltation A1:t. of 1973, as amended (ZOUSe s. 794),' which prohibil discrimination on the basts of handicaps. 4) The Age DJsaiminatfon Aa of 1975, as amended (4 use ss.6101-6107) which prohibits dlsaimfnatfon on the basis of age. 5) The Drug Abuse Offic and Treatment Act of 1972 (PL 92-255), as amended, relating to nondtscrtJ!1inatton on the basis 0 drug abuse. 6) The Comprehensive Alcohol Abuse and Alcoholism. Prevention, Treatment ant RehabUltatlon Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis 01 alcohol abuse or alcoholism. 7) The Public Health. Service Act of 191Z~ SSe S23 and 527 (42 use 55. 690dd-3 and 29Qee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records. 8) TItle VIII of the Cvll Rights Act of 1968 (42 use 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 use s. 1201 Note), as may be amended from time to time, relating to nondlsaimination on the basis of dlsabflfty. 10) Any other nondtsaimlnatfon 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 Jegal proceeding Is Instituted against either party relating to the fonnatfon, exeastfon, performance, or breach of this Agreement County .and Contractor agree to parttclpate, to the extent reqUired by the other party, In all proceedIngs, hearings, processes, meetings, and other activities related to the'S!,lb~nce of this Agreement or provision of the services under this Agreement. e~unty and Contractor spedficaUy , agree that no party to this Agreement shall be required to enter Inta any arbitration proceedings related to this Agreement. 23. Covenant of No Interest. County and Contractor covenant that neither presently has ~ny Interest, and shall not acquire an,y,lnl:erest, whi~ would conflict !n any manner 0(' degree with Its performance under this. Agreement, and that only Interest of each IS to perform and receive benefits as redted In this Agreement. - 24. Code of Ethics. Co~nty agrees that o1fIcers and employees of the County recognize 3nd wUf be required to comply with the standards of conduct for pUblic officers and employees as jelineated In Section 112.31~, Florida Statutes, regarding, but not limited to, solicitation or lcce~tance of gifts; doing business with one's agency; unauthorized compensation; mls,use of public losltlon, conflicting employment or contractual relationship; and dlsdosure or use of certain ,formation.. . ' .. _ . Z5. ~o Solicitation/Payment. The County and Contractor warrant that, In respect to =elf~ It has neIther employed nor retained any company or person, other thB.-.n a bona tide employee ork,ng solely for It, to solicit or secure this Agreement and that It has not paid or agreed to pay any ~~on, company, corporation, individual, or finn, other than a bona fide emc'nVAA ...--.-. ' r It, any fee, commis~;n" ......___L_ - -" ,'. ' -.' -' - -.-.. "". ~1I1: loll U 111510n ~. I...oUf1'qactor agrees that the- County shill have the right to te,nninate this Agreement without Iia ~ ' and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such ~___ t;:OIT!ml~Jp~en:entage, gift, or,consideration.'---- ", -' ". .. .. .2 S Z a f lQ II 12 U !1 ~ ~ 1 ~ 2 2 L ) . l 26. PUblic Access. The County and Contractor shall ailow and permIt reasonable ace to, and inspection of, all documents, papers, letters or other materials in Its Possession or undel control subject to the provisions of Chapter 119, Florida Statutes, and made or received by County and Contractor In conjunction with this Agreement;. ~nd the County shaJl have the right unilaterally cancel this Agreement upon ~Iolatlon of this proVIsion by Contractor. 27. Non-Waiver of Immunity. The provisions of Sec. 286.28, FlOrida Statutes, t participation of the County and the Contractor In .thls Agreement and the ,acquisition of a commercial lIabJllty Insurance coverage, self-Insuran~ cove~ge, or local government Jlabili insurance pool coverage shall not be deemed a waiver of Immunity to the extent of UabiJi coverage, nor shall any contract entered Into by the County be required to contain any provision ft waiver. 28. Privileges and Immunities. All of the privileges and immunities from liabilit:', exemptions from laws, ordinances, and roles and pensions and reUet, disability, worker: compensation, and other benefits which apply to the activity of officers, age~, or employees of an, public agents or employees of the County, when performing their ~er:tlve functions under thh Agreement within the territorial limits of the County shaJl apply to the same degree and extent tc the performanc:e of such functions and duties of such officers, agents, volunteers, or employees outside the terrttarialllmtts of the County. 29. Legal Obligations and Responsibilities. Non.Oetegation of Constitutional or Statutory Cuties. This Agreement Is not intended to, nor shall It be construed as, relieving any participating enttty from any obligation or responsibility imposed .u~on. the entity by law except to the extent of actual and timely performance thereof by any partICIpating entity, In which case the performanc:e may. be offered in satisfac:tion of the obligation or responsjbllJty. 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 constftutlon, state statute, and case law. 30. NOft-Rellance by Netu-partles. No person or entity shall be entitled to l'e:1y l.!pon the terms, or any of them, of this Agreement to enforce or attempt tc enfcrce any thlrtl.party daim or entitlement to or benefit of any service or program ccntemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shalt have the authority to inform, CQunseJ, 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. te, Clr superior to the community in general or for the purposes contemplated In this Agreement. 31. Attestations. Contractor agrees to exeaJte such documents as the County may reasonably require, to Indude a Public Entity Crime Statement, an Ethics Statement, and a Orug- Free Workplace Statement 32. No Personal Uablllty. No covenant or agreement contained herein shall be deemed o be a. c:av:nant or agreement of any member, officer, agent or employee of Monroe County in his 'T her indiVidual capadty, and no member, officer, agent or employee of Monroe CC1unty shall be able personally on this Agreement or be subject.to any personal Iiabfllty or ao:ountabillty by reason f the execution of this Agreement. 33. execution in C~unterparts. This Agreement may be execut~rf i... --., lunterparts, each of wh...... -....-.. ' - d ._ ......... ....."'.... ........ _.., -- --.- ,..-. ..- "-' --- ..._, ....^l;I..I.U.t:: cnls Agreel uy 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 s~ctJon headings are not a pal this Agreement and will not be used in the interpretation of any p~vlsjon of this Agreement. 2 7 ....:;0-:=-:;..... .' ~ . .::;~..;!N:~~ES5 WHEREOF, the parties hereto have set their hands and seals the day and y r firshb~ written. . 1 '. ~~~~\\t.;~fu7 BOARD OF COUNTY COMMISSIONERS .2 .:~AI t:~:~~M..~ KOLHAGE, CLERK OF MONROE COUNTY, FLORIOA l ~ ,~~:~/,: 4 - :'0 ;:~~a~ ;"':,i':' 's'y' ". \;;.:.- . . ~ v '. ..' .... , ....~.. . Deputy Clerk ~ 2 t 2 7 By Title JairKWIAlandscape By A-g (~ '. . M r/Chairperson GARDENS OF EOEN .- By Ie ..t4~~,;(.~'" ~ TItle . (.~, ~...~Lc.>L EXHIBIT 'A' l~ }jay Drive (eyWest, FLh,33040, " ";_. (305) 745-36" ph/fax. (30S) 304-7855 cell E: Bid/Key West International Airport ;91 S. Roosevelt Blvd. !y Wesr~ FL 33040 Nov~mber 12~ 2& ) Whom It May Concern: .t .me first take this opportunity to thank you for the pri~ilege o.f bidding for your oJect for the property maintenance at Key West InternatIonal AIrport. Gardens of en would be more than happy to accommodate any and an of your needs per your ntract as follows for: , The 'Terminal Area , The ARFF Building , The Parking Lots , The Access Roads , Thi/:' nunwaY/TaxiwayjAircraft Ramp Areas . . ! following as described would apply to the above-mentioned areas with man-hours ointed and executed according to seasan conditions and maintenance need. roximately ~Q man-hours per week,S days per weeki W011!d be an average for the season, with a higher, varying amount of man-hours requIred to maintain property ,edfic:ations in the rainy season. Tatal contract amou~t will be billed by Cardens ien in weekly man-hours an~ paid weekly by EYW as billed. .;f." 'inal Area. ARFF JuiJdina. Parkina Lot Areas Pick up trash & debris throughout all parkin~ .lot ar~as on a daily basis. Empty refuse containers as required. . , Mow and trim all grass areas as needed. ~Jat7~ potted plants as required. ' :e!1lhze plants, pots, shrubs, and grass as ne~ded: rim palm tre~s to assure th~t' ...~_-J... ..l_ --... ---~ 'rim Jl. ...1...-- ' Key vVest, FL 33040 .. ...,.-' (305) 74S.3677 ph/fax · BOS> 304-7855 cell lccess Roads ". Pick up trash & debris along the roadside daily. ". Trim palm trees tD insure that fronds do not interfere with traffic. ". Tr~m & shape shrubbery. - ". Mow and trim all grass areas as needed. ". A~er mowing & trimming, remove all debris ~ blow area clean. #' TrIm trees for safety prior tD the stan of hurricane season. ~nwav & Taxiwav Areas ". As needed: Mow & trim grass areas between aircraft parking ;amps and tax h'"" to assure that all taxiway fights are clear of grass an.d are visible. ". As needed: Mow & trim grass areas between t~: taxIway and the runway to assure that alllighu ar~ clear of grass & are vIsIble. , Ivernment RoadLl!unker Area" Fence Perimeter . . ". Mow & trim Bunker area, fence perimeter, and on Airpon property along Government Road as needed. lDneS & EauiDnient . Gardens of Eden will provide their own supplies, equipment & materials. ranee Reauirements $100.000 Workman's ComDensation $300.000 General Liability $100.000 Vehicle Liability ____ _....u...., U.1 cuen 92 Bay Drive Key West, FL 33040 . -,... (305) 745.3677 ph/faX · (305) 304-785S cell Emclovees & SubcontractDrs ~ AU employees of Gardens of Eden will have & pass an airpon background investigation, incfuding a FBI fingerprint examinati?n. There will be no emp!c of Cardens of Eden working on EYW property who IS not of legal immigration status with the proper documentation to prove this. .. :ontract Term ,. This contract between Gardens of ' Eden & Key ~est International Airport will be for one year, with (3) three one year options to renew upon mutuaf agreement. ::.se .Iet me take this opportunity to say that it has tr~jy been our pleasure wcrkh & wIth everyone here ~.t EYW. We have truly appreciated the opportunity to ser, J through the ye~rs. We look fcnvard to continuing to serve you with our hie ndards of property maintenance for many more years to come. - . au_should have' an}' problems or questions at aU, please feel free to carl me at an he Clbove captioned numbers and I will be happy to assist you in any way that I can ~rely, . i .' " ...,; " .' , ~ ' - ';,J..( _,-f ~.' . -." . ~J: . , -..-.--~ >.",., ... .... ..-~ -' ... "",-, ee Bona ~ns of Eden " -,-" (305) 745'-3677 ph/fax · (30S~ 304-785S cell V,Q.,L L.lt:.IlS or taen 92 Bar Drive '-xeyWest, FL 33040-'-----. rota' Proposed Cost For Annual Maintenance Contract at EYW: ~,480 hrs. @ 25.00 per hr. ................................................$112,000.00 Proposal accepted as is. \Vf' would like to amend proposal. nature: -- Date: renal! mentioned in the abOl'e proposal arc to he iDduded fa conrrJet ~nt COst~ are tIJlres.,Jr noted and agreed upoo b~' sipuamre of this cnntr'Jct hr Ke)' We~t InrcmmifllJilJ AirtJlln. ,~nd an~. anlendment to tbis prolJosal DO xeparate sheet to be aappnll'ed h~' Gardens of E}len. !!m. cnfJ~' fDr ~'our records. 8.: n:mm' nrimDal.si"red proposal to Gaardcn.li of Eden. J::.e( t r ~~ -'-- --.L-,-,--.------_., penaity af P"'jury, ~~Ie and say that: 1) I GIlL J)~ i f\~' BtI't ~ tits Proposal fa~~ project dacn~ed tIS talbvs: ,KRI/ ~ T::-all( l ~m-t . , . . of. ar:cJrding ~ law on my oath, and unl - --..---- .----...- . . - 'the bidder . Z, n.e JlI'ica irr 1his bid have ban arrived lit ~ IIifftaat CDllasian. ~. CDllIIaanicatia tIl" 4ljp --fir. JIIIl'lllII8 !iF1"airir:tfrrg~. as 1 IIIlItter relating 'hi suc:n JII'i=- with IIIIf G1f!r &iddr tIl" wiflIliny ~ .. 3) l.1nlea aflzerwise I'C/Ufred by .... . Ffr:es whicll. _ CJIIItec/ irr 1fIis bid. IIDt &an Icnawinslr clisdand by 1ha biddrr IlllrlIIUilII/Ilt IcnoI9ingJy be ~ by 1ha bldde 10 bid cpening, ~ II!" ~, 111 any G1f!r &iddr tIl" 'hI1iny =mpatflllt"; lllJt# 4J No at l~ far baenlllllliB tIl" will &a made by ~ bidder 111 indutZ IlIIy atlJer Jl&"~ ~ tIl" CD/jlDn:ztian 'hi submit. IIr 1/Ilt1ll mbmft. a btd far 'the /IUI'plIsa !iF ratriding eompafftion; , . ~ . ~ . '8) 'l11e ~ =rtained irr 1his Wj-iidavit IIl'E True and CIll'rect.1IIId IlIad& with fuJ ~wIedga ~ Manrae.~reIia 1lJlIIIr. h ...lh 11haSfatenmrmr ~d.ar.a in 1fIis affj, In~c....l._b_~saidpraj=. ~/J. , '_,' . . 'Si'AiC OF - F76r-ldC-J . ~ f) I{ 4~ ~ ;;;r:/:.. 6" _ ' CS'rgmzture of Bidder) COUNTYOF_ Hohroe. · ~ lIlt i /03 I)A'T! F&.s0NAu,y ~ sa:oRe JdE.1fie ~ au1fJarHy, . M, I ~ ~ I;e, Ona- trho. after ~.being ~ by me, (name !iF rnmvidual SIgnhra) rtfflxed hisIher signaiurB irr 1ha sp;ce pravided above ~ this . ~ . . ~ I ~ _ dar!iF _ N rJl/e.mhe.r- zo~ - ,~ ~ j:"l- - :...~. /JAJi. _ 0 N""'A__ ~ A.4" , ,Plt, -- - . .' The ~ YmICiar in =rdczmz Irifh FfcridrlStmuta 2S7.0S7 hereby cer 11fi. tha1 0: ittL12E .tJ 5 (l F- . EIT)FN . ' , ; (NGma of Basinea) - 1 PabJish a statement IIDffj tD9 IIIIJl!apIs 1fIIIt 1fIe IiaIaII1iII ~ clistriI: ~ PO"f>-"tilla. lI' lII8 . a c:aatraIIII! ...,....- ~ ~ it flte ~ .spzcrymg 1ba adions 1fzat WllI be taIrm "!II .r4...,.".. fmowoim- fIf IIrI;h ~ ;. 2. Inform ~ abaut 'IiIa ~ td riI'IIg =- in 1fIe ~ ffIa ~ pali, ~ CI dras-fne lIlII'lcp/la. any lMIifafIfa riI'IIg ~ ~"'ian, IlIId cmpll ~ JII',. ....... = 1fIe pIIIlIIfies 1fIIIt IIIlIY ba inIpasaf IIJII.!II ~ far chrr a/: ~ . - YiOKffianl.. . .. . . 3. Siva - CIIJl/oye 8IIIIl>>aI in pnwiliiIlg 1fIe ~ lI' =n'll...:frml serviQ! 1fur.. , under bid 4 copy ttf 1ha ~ spat:ffled III sabsc:ticm ~). . 4. !n fhc stafemat 'fI=li'i1lli ia subsecffan (l). IllItify fhc ~ 1ftat. as CI =clition , WlJrlcing llII1fIe ClIIIIlIlIIdfff lI' _.11 ...hIlI SIftics 1hat -lIIIlfr brd.1fte 8IlIplay.1If/I ailirk f the t... .ROi rd 1ba.statem.at IIIId wlIIlIllfffy'ffa IIIIpflIpr aF IIIIJ' CIlIIVidfan at, .. Jlf= rd gw1ty c 1011I ClllItenr:lIre 11, air vialatfan . amptIr - ~. SJ""ul=~ .. aF any ~.j. one Wstw.- ra. fIf flte UnIlai StiU~ .. lIlI}' snn. far a. vraIctffan =:....... fn t&e wripIacs n Iter- 'ffraa iha (5l. afttrSllCb CllIIVictiaa. . . ~ CIllo<dian an, !II' requiJ:B 'the ad~;w.I...-r ~an !" CI clrug abuse CI!Sistcl= or lIaililitmian Pf'C!l> - if =:It i$ avalIct&Ja br 'ffa ~ ClIIlIIIIIIIIif. lI'raft crdplayea wIzo is so rwicted. -: . . Malca a Fad fzriflI cffrrt' to .....lib tlI maintaiJI a ~ IYDr/cpIace titrouah lemmJgtion of 'thiS sectian.. _ . . 'fie ~ lIII1harizm 11 !fgn 1fIe .oltgJe.~d: I ..... IffY 1fIat 'Hzis firm ClIllIp/is ~Iy wtth the 'l!~!Itt& iJ4 IR~' -. ~~- ~~ - ! - ~ 5itfj:ig- -' 0-5 ~I\M- ~WORN 51 A.dAEN' UND:R O)(I.JJ.NANC: NO. 10- !~;o MONROe C:C~',_~A .~ ~ f\....lJ. V I \ \ , \ . STAiCOF ~IDr,d(].J COUNrvOF . 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UK~1=J1It_' ,.~ -- ;:. 11>> ,........ ~ 11' .J &. . .....- ~ .1....._ I~ .mu...... _tlA 64~ I \ -=Wil1~ --- I ... ....tJ!llUIrf' ~ -' 11'1 aD; -....-\. - J~ lr" 11 -.r _ If ~ ~ - 4 --;II ~A ... ....~ ~~ _....,... ....:Iill~. .f ~ " s~~ 'WI .....~ -.- -=, I ... , ~- - "';:ar:j ...... -.. -.....- -'""'------ . _I_l:f · d , I r ... 'J"'r _to -~CJ .--../1 -[!J 11 A._ __, IT .II.w.1\ I 1DIIIW ., I ~ ..- . ... .- - -... .-..... ,... - ~ .... t ..~ -4 _-~I U ".- II R y .~ L L . -.. .1 -.'""t .... -.....,... J*" .....-.. . ~ ltOILai'~ .,-41 IJ_ .... ...-.... -- -- - ..... .... ~ ....~F DC:__ ~*~..... oil ._ ..., ~ IUDE ~ ._~ -- '. .-.-uI _ , . -. "IIaIIII _~ -.. . __ ~.u."""-- -~-.-.,.......,--aA-. .,-- ...........-..-- ..r......... -...............,....1V1i -11II. )/ I - ____ _ __---- - -~ ~. - --~- -. -" . ,_.-. . .... flI 11" ...' I'-~ , TII~ ~- san.s JlIi.. _I ., .. ... _ a. 2SOa __.m 871". -- ..-:.. - ...~-_.". ...... ii~ -CCo- ....-. A!It - .'. .it/'" .. I 11&I .. =~~~~ - III -~-- ... ... II I .~L I . I · ' . . 48 tlIaU __ I ~lf'<<.r.--"- L. 1 I . 1ftIlI'.... _f ... III -. II ~ .... """"1_ TU_ .._ .. _ ~ ~ .. -. vy ~..~~ .. ~ ~tiaa.. **:~~L"~.aHI s=ftft sa Ar.IG,~.;;tOJfIt. JD~.. , I I cSt """'11 - .".. u.'<<It ...... - - iii __U - lL ~ ~~'I' -= u. '41-- e-. .~ .. a.r tine It'. .DGcO =c II CIIIIMII .-- ---. ~ --- EXHIBIT 'B' .' Prior to the commeDcemcnt of work g~vcmcd bythis'co~ the Commctor shall obtain General r JabiUty IDsurance. Coverage shaJI be J"ftmtmnM throughout the life of the contract ami . h.";... . . mc~ as a mlllfTrh,",- . · Premises Operations ' · Products ami Compl=tc:d Openmons · Bhmkct Comractu8J Liability . PersoDal IDjmy T Janmty · Bxpamied Df!finmnn ofPropcrty Damage " The mm;m"m limits acceptable sbaJl be: $300,000 Combined Single Limit (CSL) If split limits are provided, the m;,,;, nnm 1.imits acceptable shall be: S100,OOO per Person $300,000 per O=D1).~ S 50,000 Property Damage An q~ F~poJicyis~ Ifcovcrage is ~vided ona ~ Made ~olicy, its ptOV1J!O.DS should ~fude coverage fur claims DIed on or after the effective dat~ ?ftbis CO~1.. In ~<Jrfitjon, ~pc.nod 1br which c1ffT:Y.:.: may be reported should extend for a mmtTUUm oftwclve (12) momhs fbllowing tb= acceptance of work bytl: Couuty. 'Ih: ~o~e Coumy Board ofCoumy Col'ftftft'lcinners shall be nAmed as ~drlitioDal Insured on all polices issued to. satis1Y the above,requiccmcDrs. . .. GLl A.cImiDistrmftft 1- . VEHICLE LIABILIn' INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN . ' MONROE COUNTY, FLORIDA AND .Reco~g that the work governed by this com:ractrequircs the use of vehicles, the Contractor ~r t~ the commencement of work, shall obtain Yehicle Liab~ ~e. ~overage shall be ' TMmT~med throughout the life of the contnlCt and iDcludc, as a m.mmmm, liability coverage for,' . · Owned, Non-Owned, and Hired Vebit!1M The minirmlm limits acceptable shall be: S100,000 Combined SiDgle Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: S 50,000 per Person S100,000 per Occurrence S 25,000 Property Damage ~ ~o~e County Board of County Co.ccinn=s shan be named as Additional Insured on all policies ISSUed to satisfY the above requirements. . .. VLl "'.1_' . WORKERS' COMPENSA nON . INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUN1Y, FLORIDA .AND Prior to the commencement of work governed by this co~ the Contractor shall obt~ ,Workers' Compensation Insurance with limits su:Bicicnt to respond to Florida Statute 440. In addition, the Contractor shall obtain Employers! Liability Insurance with limits of not less than: S100,OOO Bodily Injury by Accident S500,OOO Bodily bgury by Diseas~ policy limits S100,000 Bodily IDjury by Diseas~ each employee Coverage shan be rmltntgrned tbroughout the e:atirc term of the contract. Coverage shan be provided by a COmDany or companies authorized to transact business in the state orFlorida. . ~thc Contractor has been approved by the Florida's Department of Labor, as an authorized self.. IZ!SW'er, the County shall recognize and honor the ContraCtors statUS. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Ccrti:ficate of Insurance., prOviding details on the Conti'actOr's Excess Imurance Program. Ifthc S~nttactor participates in a seIf:iDsurancc ~ a Certificate o~Insurance will be required. In additiOIl, the CODtractor may be required to sub:Dit ~lpdated fimncial statements from the fimd upon request from the Co~. we1 Admiaisumion Iastn,,.,.:- A~URD_ CERTIFICATE OF LIABILITY INSURANCE OP ID l~ DATE (MMlDI BONAt)-l 06/2( PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIOI ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 'l'be Fullers, Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1432 Kennedy Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Key West FL 33040 Pbone:305-294-6677 Fax: J05-292-4641 INSURERS AFFORDING COVERAGE HAlC' I INSURED INSURER It:. proqressive Commercial Div Desiree Bona INSURER 8: Garden. Of Eden of the Fl Keys INSURER c: t Inc. 92 Ba Drive INSURER 0: ,Kay est PoL 33040 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BelOW ,,"VE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICA TED. NOTWITHSTANDING ANY REQUlREMEHT. TERM OR CONDmON OF AN'( CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSUIWICE AFFORDED BY THE POLICIES DESCRISEO HEREIN IS SUBJECT TO ALl THE TERMS, EXCLUSIONS AND CONDmDNS OF SUCH POLlCIES, AGGREGATE LIMITS SHOWN MAY,,"VE BEEN REDUCEO BY PAID CLAIMS. L TR INS TYPE OF INSURANCE OEHIEUL LWIILITY t:')UMERCIAL GENERAl.. LIASILITY 1:-' -1 Cl.AJMs NAOe 0 OCCUR POLlCY NUIIBIR DATI! MMlDD ' DinE MMlDD EACH OCCURIlENCE PREMIses lea ~ MED EXP IMy _.--) PEMONAl. I AOV INJURY GENERAL AGOREGATE PRODUCTS. COMPIOP AGG \ Gem. AGGREGATE LIMIT APPLIES PER: POLICY j~ LOC AUTolloaau LIABILITY NIY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS X NON-OWNEC AUTOS BODilY INJURY (Per 'ccIclenI) 8045423-0 05/19/05 05/19/06 COMBINED SINGLE UMlT (EI 'Cl:iaellf) BODILY INJURY IPIr~) ,. "1~"MEt'T OARAGI UASlUTY N4Y AUTO PFlOPERTY DAMAGE (Per .Cdclllllll AfJ BY AUTO ONLY. EA ACCIDENT . EA ACC . AGG . S . S S S OTHER THAN AUTO ONl.\': mccullUMaRELLA L1ABIUTY OCCUR 0 CLAIMS MADE EACH OCCURRENCE AGGREGATE i _J DEOU.:T!BLE ReTENTION . 1 WORKERS COMPEHlAnON AND I EMPLOYUS' UA8lL/TY \ NrV PROPRIETORIPARlNERlEXECUTIVE I OPFICERlMEMIER EXCLUDED? I "'1M, deIcrtbe unctw SPECIAL PROVISIONS relOw OTHER R1PT10H OF OPEAAnOHS I LOCATIONS I VetllCUS J UCI.USIONS ADDED 8Y ENDORSEMENT I SPECIAL PROVISIONS ~tif'i.cate holder is an Acidi ti.onal Insured , LlMITI . . . . . . 1300000 I I I . 'IFICATE HOLDER CAHCELLA TION MONBOCC SHOULl) ANY OF THE MOVE DesCRIBED POUCIES liE CANCEWD BEFORE THE EXPIRA nc DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL !2..- DAYS WRITTEN NonCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUf FAILURE TO DO SO SHALL IMPOSE NO OBUOAll0N OR LWIIUTY OF ANY KIND UPON THE INSURIR, ITS AOENTS OR REPRElIENTA11VU. AUTHOR1ZED REPRESENTATIVe / MOnroe County BOCC lti.sk Manal1ement 1100 S~onton St. Key West FL 33040 A CORDTM CERTIFICATE OF LIABILITY INSURANCE I I)ATE (MMIDI)/VY) 01/21/06 PRODUCER nus CERTIFICATE IS ISSUED AS A MAITER OF INFORMATION REGAN INSURANCE AGENCY INC - TAVERNIER ONLY AND CONFERS NO RlGHf UPON THE CERTIFICATE 90144 OVERSEAS HWY HOLDER. nus CERTIFICATE DOES NOT AMEND, EXTEND OR TAVERNIER. FL 33070 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (305)852-3234 INSURERS AFFORDING COVERAGE INSURED INSUlURA: American Vehicle Insurance Company Gardens of Eden of the Fl Keys Inc 92 Bay Drive INSURER B: INSURER C: Key West, FL 33040 INSURER D: INSURER E: COVERAGE THE POliCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 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. INSR POLICY EFFEcrlVE POLlcr~~nON LTIl ITPE OF INSURANCE POLICY NUMBER DATE (MMiDDiYY) DAn: I)/VV) LlMlTS ~ENERAL LIABILIn' ~CH OCCUlU!NCI! S 1000,000 XI COMMl!RCIAL GENERAL ~ OAMAGI!(Any one S 100,000 Ire) IABIUTY :IJcLAlMS MADI! 00 OCCUR MIlD I!XP(Any 011< petiOlI) S 5,000 A J IGLOSll030009 11/22/2005 11/22/2006 tlRSONAL AND ADV S 1000,000 NIURY P IlNBlUoL AGGREGATE S 2000,000 pllN'L AGGREGATE LIMIT APPLIES RODucrs 0 COMP/OP S 2000,000 PBR 1A00 1CJ POLICY 0 PROJECT 0 LOC ~UTOMOBILE LIABILITY ~==SINGLB LIMIT S ANY Aura ALL OWNED AUTOS O:~~Y S SCHI!DlJLBD AUTOS HIRED AurOS WDtLYn:I~Y s NON-OWNED AUTOS PCI' ac:ciMAt rr~OPERTY DAMAGE s <c ..<ideal) GARAGE LIABn.rrv uro ONLY -M S CCWI!NT RANY Aura j, !,o_ 'lr'\(\: ~; ,: h,~,k r~1i;3\1An~::: IAC",,-- OTHBllltlAN BA AC S uraONLY; A S IExCESS LlABILJTY ,\\ ~\ . , .J V II , I ..? '1J.Lt 'If.:ltMtl A' P.ACH OCCURANCB S DxCUR []clAIMS MAOI! - \~~-/) IAOORBGATI! S S ~LI! .. . -, _., '_.'._' I S ON " , ./ S f-- .. - l' .' /IJ.:, """'Qi'.J! ' PwCSTArorollY WORKERS COMJ'EN5A nON AND b7(l EMPLOYERS LlABILIn' UMITS O>nma. ........- .L. BACH ACCIDENT S Cc. "~A ~ISBASIl-1!A LOYBI! S 1"\ l"'\ ~IS&ASE - POLICY S /OTHER V- II> I 0 VVO , P\{)l.l....... DESCRIPTION OF OPERATIONSiLOCATIONSlYEmCLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PllOVlSlONS Lawn & Garden Maintenance CERTIFICATE HOLDER I X I ADDmONAL INSURED:1N5URED LETTEll: A I CANCELLATION HOllLD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THl IEXPIRATlON DATE THEREOF, THlISSUINC INSURER wn.L ENDEA VOR TO MAIL...a ~!AYS WllJl"n:N NOTICE TO TIlE CERTIPlCA TE HOLDER NAMED TO THE LEFT. BUT ~URE TO DO 50 SHALL IMPOSE NO OBUCA nON OR LIABILITY OF ANY KIND N THE INSUUR ITS AGENTS OR REPRESENTATIVES, Monroe County Board of County iA.umOIUZED REPRESENTATIVE - Commissioners, Key West International ~ . Airport 2491 S Roosevelt BV Key West, FL 33040 Faxed to: ~ ~J;jP ACORD 26-8 (7/91) ACORD CORPORATION 1988 ACORD.. CERTIFICATE OF LIABILITY INSURANCE OP 10 l~ DATE (MMlDl BONAD-l 06/28 PRODUCER THIS CERTIFICATE IS ISSUED AS A MAnER OF INFORMATIO/l ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE The Fullers, Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1432 Kennedy Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Key West I'L 33040 phone: 305-294-6677 Fax:30S-292-4641 INSURERS AFFORDING COVERAGE NAIC " INSURED INSURER A:. Proaressive Commercial Div Desiree Bona INSURER B: Gardens Of Eden of the Fl Keys INSURER c: ~nc. 2 B~ Drive INSURER 0: Key est I'L 33040 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NMlED MOllE FOR THE POLICV PERIOO INDICA TEO. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONomON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDEO BV THE POLIC'ES OESCRIBED HEREIN IS SUBJECT TO AlL THE TERNS. EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAIlE BEEN REOUCED BY PAID CLAIMS. DATEIMM/~ L. TR 'NSRC TYPE OF INSURANCE POUCY NUMBER D~'t!e iMM/DDIYYl I LIMITa GEHIItAL LIAIlIUTY I EACH OCCURRENCE S - I ~~~is lEa occurancal COMMERCIAl. GENERAl. LIABILITY S - =:J CLAIMS MADE D OCCUR '-- MED EXP (Atly ane pe~) S PERSONAL' ADV INJURY S ~ GENERAl. AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER: PROOUCTS - COM PlOP AGG S "I POliCY n ~f.8r n LOC ~O"OBILE U/u;:UTY COMBINED SINGLE LIMIT S 300000 A /41{'( AUTO 8045423-0 05/19/05 05/19/06 (Ea aoddenl) - - ALL OWNED AUTOS BODILY INJURY (Per ..._1 S ~ SCHEDULED AUTOS HIREO AUTOS BODILY INJURY ~ (Per eccidenlJ S ~ NON-DWNEO AUTOS ~ ~}~\~I(t- G;;;MEtiT PROPERlY OAMAGE S Afl~, "'" (Ptlr ac:lCidenl) ~DE LIABILITY BY 1\ n --k;--~~' 0 ~ AUTO ONL. Y . EA ACCIDENT I IW'f AUTO ;;r T OTHER THAN EA /lCC s DATE - ,- ' 'i AUTO ONLY: AGG S EXCEISIUIIBREUA LIABILITY WAIVER N!'~ EACH OCCURRENCE S ::J OCCUR 0 CLAIMS MADE ft ~. .~ AGGREGATE S S R OEDUCTIBLE Ir( '. . S RETENTION S . s I WORKERS COIIPUSAnON AND ~Pi& ITORYlIMITS-1 IUE~' EMPLOYERS'LLUILITY 'E,L. EACH ACCIDENT S ANY PROPRIETORIPARlNER/EXECUTlIIE OFFICERlMEMSER EXCLUDED? E.L. DISEASE. EAEMPLOYEE S I" ~.. delClftJe under E.L. DISEASE. POLICY LIMIT I S ECIAI. PROVISIONS NIl"", OTHER I I ICRIPTlON OF OPERATIONS I L.OCATlONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS l~tificate holder is an Additio~al Insured Monroe County BOCC Risk Management 1100 Simonton St. Key West n. 33040 CANCELLATION MONBOCC SHOULD ANY OF THE ABOVE DESCRIBED POUCIE. BE CANCELLED IEFOl\E niE I:XPIRATlC OAT! ~EREOF, THE ISSUING INSURER WILL. ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTlFICA"TE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OaUGA TlON OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTA11V!S. AUTHORIZED REPRESENTATlVY ../"'"\ mFICATE HOLDER Mem~ Th: Board of County Comnnssioners From: Peter Horton, Director of Airports Date: 2/21/07 Re: Agenda Item - Landscape Maintenance Extension Agreement Requesting approval of a Landscape Maintenance Extension Agreement with Gardens of Eden, for landscape maintenance at the Key West Airport. The current agreement expires on March 16, 2007. This agreement extends the expiration date to March 16, 2008. PJH/bev