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1st Amendment 10/16/2024 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: October 22, 2024 TO: Beth Leto, Airports Business Manager, KWIA FROM: Liz Yongue, Deputy Clerk SUBJECT: October 16, 2024 BOCC Meeting The following item has been executed and added to the record: I5 1 st Amendment to the Contract with Gardens of Eden of FL Keys, LLC., amending the hourly contract rate by a 3.4% CPI adjustment from $34.00 per hour to $35.16 per hour (NTE $137,000 per year) for landscaping services at Key West International Airport (KWIA). The contract is funded by Airport Operating Fund 404. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 I ST AMENDMENT TO CONTRACT FOR LANDSCAPING SERVICES GARDENS OF EDEN OF THE FLORIDA KEYS, INC. KWIA THIS IST AMENDMENT TO CONTRACT is hereafter made and entered into this 16th day of October, 2024, by and between Monroe County, a political subdivision of the State of Florida, (hereafter "County"), whose address is 1100 Simonton Street, Key West, Florida, 33040 and Gardens of Eden of the FL Keys LLC., a Florida Limited Liability Company (hereafter Contractor), whose address is 5650 Laurel Ave, Unit 9, Key West, FL 33040. WITNESSETH WHEREAS, on the 20"' of September, 2023, the parties entered into a Landscaping Services contract (hereinafter Original Agreement); and WHEREAS, Section 4(b) of the original agreement provides that the contract amount may be adjusted annually on the renewal date of each year by a percentage equal to the percentage increase in the CP1 for urban consumers for the preceding calendar year; and WHEREAS, the percentage increase in the CP1 for urban consumers for the preceding calendar year is 3.41�'O; NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, the parties agree to amend the original agreement as follows: Section 1. Article 2 of the original agreement is hereby amended to read as follows: 2. CONTRACT SUM. The County shall pay the Contractor $35.16 per hour (not to exceed $137,000 per year) for the faithful performance of said service on a per week in arrears basis during the term of the Contract. The Contractor shall invoice KWIA weekly for landscaping services performed under the Specifications contained herein. County shall pay in accordance with the Florida Local Government Prompt Payment Act and upon submission of invoices acceptable to the Clerk of court. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds, Section 2. All other provisions of the original agreement dated September 20, 2023, not ZP inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this First Amendment to Agreement to be executed the day and year first written above. (SE-ALr:''..;,,N,� BOARD OF COUNTY COMMISSIONERS • Yr`, rr ;✓ y �., A TE'S \.I; EVIN MADOK,CLERK OF MONROE COUNTY, FLORIDA 1Kfc',c /t1 ..,n,�pp Fa'i—.Y�,,.}t LG'�,_ }V;-+..a.�\F....ry s*�a.+.i'�{,• _ .. • .y ` 4 41 _ ,A1�► s By. I er ep ty -Mayor Holly -Merrill Ilaschein GARDENSKEYS,'OF EDEN OF THE FL K LLC. . /44 ci tet Title This document was prepared and approved as to form by: /9/1,i /1-12111 - • • Pedro J. Mercado, Esq., Sr. Assistant CountyAttorney r::- u . Florida Bar No.: OO84050 P.O. Box 1026 Key West, FL 33.041-1026 :.:7Y:r (305) 292-3470 r.n._. y��y� .. .. ;try. .. DATE(MMIDD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE O5/03/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Kara Mauerhan NAME: Symphony Risk Solutions Insurance Services,Inc. pAH/cNr o Ext: (415)957-0600 a/c,No License No.0589960 E-MAIL kmauerhan@symphonyrisk.com ADDRESS: 345 California St,Suite 1750 INSURER(S)AFFORDING COVERAGE NAIC# San Francisco CA 94104 INSURERA: The Burlington Insurance Company INSURED INSURER B: St Paul Mercury Ins Co GreenWorks Landscape Partners,LLC INSURER C: Berkshire Hathaway GUARD 5650 Laurel Ave INSURER D: Unit 9 INSURER E: Key West FL 33040 INSURER F: COVERAGES CERTIFICATE NUMBER: CL2432250786 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCEAUULbUBK POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE FX OCCUR PREM SDAMAGES Ea oNcurDreme $ 100'000 MED EXP(Any one person) $ 5,000 A Y 289BO10386 03/01/2024 03/01/2025 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: APPROVED BY RISK MANAGEMENT GENERAL AGGREGATE $ 2,000,000 X POLICY ❑ PRO ❑ LOC PRODUCTS-COMP/OP AGG $ Ind OTHER: DATE lO 1262S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 WAIVER N/A YES Ea accident ANYAUTO BODILY INJURY(Per person) $ B OWNED r SCHEDULED Y BA-5X892846-24-42-G 06/01/2024 06/01/2025 BODILYINJURY(Peraccident) $ AUTOS ONLY AUTOS X HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident PIP-Basic $ 10,000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION ER/� STATUTE EORH AND EMPLOYERS'LIABI LI TY Y/N 1'000'000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ C OFFICER/MEMBER EXCLUDED? ❑ N/A GRC501465 03/01/2024 03/01/2025 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Gardens of Eden of the FL Keys LLC is named insured. Certificate Holder is additional insured for Auto Liability and General Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 11_ , @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD