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2nd Amendment 08/15/2007 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: August 23, 2007 TO: Dent Pierce, Director Public Works Division ATTN: Beth Leto, Assistant Director Public Works Division Pamela G. HanOC:Ci!Jv Deputy Clerk l_J' FROM: At the August 15, 2007, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following: Amendment to Agreement between Monroe County and the Monroe County School Board for joint use of fuel facilities and combined bulk fuel purchasing. Enclosed are two duplicate originals for your handling. /Second Amendment to Contract Renewal between Monroe County and General Asphalt Co., Inc. to authorize payment of vendor invoices in the amount of$I,584.49 for asphalt received and used by the County which exceeded the 1st year's contract payment cap. Enclosed is a copy for your handling. /Correction of Scrivener's error on Amendment to Contract Renewal between Monroe County and General Asphalt Co., Inc., from the May 16, 2007 meeting. The date referenced in Section 2 of the Amendment to Contract Renewal should be April 18, 2007 not April 18, 2008. Enclosed is a copy for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finanre File.! SECOND AMENDMENT TO CONTRACT RENEWAL (Purchase of Asphalt) This SECOND AMENDMENT is made and entered into this ] 5th day of August. 2007, between MONROE COUNTY ("COUNTY" or "OWNER"), a political subdivision of the State of Florida, and GENERAL ASPHALT CO., INC. ("VENDOR") to the CONTRACT RENEWAL ("RENEWAL") dated April] 8,2007, as follows: WHEREAS, COUNTY has budgeted funds to purchase asphalt from the VENDOR for in-house paving projects, and WHEREAS, the purpose of this SECOND AMENDMENT is to amend the contract amount in the RENEWAL to authorize the final amount to be paid to the VENDOR under the RENEWAL. NOW, THEREFORE, the COUNTY and the VENDOR agree to amend the AGREEMENT to read as follow: ]. Section 4 of the RENEWAL dated April ]8,2007, as amended May 16,2007, shall be further amended to add the following underlined language: "For the period of May 16,2006 through April 17, 2007, the OWNER shall pay and the VENDOR shall accept, as full and complete payment for all Type S-III asphalt ordered and picked up by the County from the Vendor, the fixed sum of Sixty-Five Dollars ($65.00) per ton. This section shall specifically allow the OWNER to pay the VENDOR for invoices totaling $39,269.85, from March ]2,2007 through April] 7,2007, during the renewal term of April ]8,2007 through April 17, 2008 and further authorizes the final oavment of vendor invoices in the amount $].584.49: no additional monies over the $] .584.49 are authorized bv this section or under the AGREEMENT." 2. In all other respects, the RENEWAL dated April 18, 2007, as amended May] 6, 2007, remains in full force . c,.;jjtdetl'ect. .',.. ., :\ '<<' ,"-" IN \l,~tnu;SS'\WHEREOF, the parties have hereunto set their hands and seal, the day and year first written above." . '\ (Seal) .. Attest: DANNY L:KOLHAGE, CLERK BCl~~G Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORID~ ~J(t~D :;; '" :.o.......::ro: a'" ~:z: By: I .0:;::-< M ICh' ". . ayor aIrman C'" co : Date: AUG 1 5 Z007 c ~_'''', .... = -.- = ., -' :I>> I ~, <= ,-' to) .~ N -';'1 W '_:::J :>:J > ::;:.~) :z: rq <? Cj C.:J N i-=':' .. -~ c-;, :" . ',i .- }.' (SEAL) Attest: By (2~~" Date: MON~f L~j~',( ;;-<;'C"H~t:Y APPROVED AS TO F. M: GENERAL ASPHALT CO., INC. By :t-;;t/-t.Cf'# Print Name: 1 {} 'j~ ..f. tJ?~ffu.. 5<l1. Date: /)U1 v,{ ::? \ ')-Cib 7 NA ILEENE W. CASSEL ASSISTANT COUNTXATTORNEY ~. 7-1:>:1 Date CORRECTION OF SCRIVENER'S ERROR On AMENDMENT TO CONTRACT RENEWAL of Mav 16.2007 This CORRECTION OF SCRIVENER'S ERROR made and entered into the ISth day of August. 2007, to the AMENDMENT TO CONTRACT RENEWAL ("AMENDMENT") dated May 16,2007, between MONROE COUNTY, a political subdivision ofthe State of Florida, ("COUNTY" or "OWNER"), and GENERAL ASPHALT CO., INC. ("VENDOR"), is for the sole purpose of correcting a scrivener's error in the AMENDMENT. The original STANDARD FORM OF AGREEMENT BETWEEN OWNER AND VENDOR to which the amendment and this correction apply was dated May 16, 2006. WHEREAS, OWNER and VENDOR entered into the STANDARD FORM OF AGREEMENT BETWEEN OWNER AND VENDOR for the purchase and delivery of Asphalt at a Fixed price to Monroe County, Florida, dated May 16, 2006; and WHEREAS, OWNER and VENDOR entered into the AMENDMENT on May 16, 2007; and WHEREAS, the scrivener's error in the AMENDMENT should be corrected. THEREFORE, the parties mutually agree to this CORRECTION OF SCRIVENER'S ERROR and state. I. The scrivener's error was a typographical error on the year; and was located in paragraph I of the Amendment to Contract Renewal. The error is hereby corrected to read as follows: "I. Section 2 of the contract renewal dated April 18, ~ 2007 . . . ." 2. The remainder of the AMENDMENT dated May 16,2007 shall remain in full force and effect. IN WI'tNESS\VHEREOF, the parties have hereunto set their hands and seal, the day a~d year f'irst wrifte)rabove. ~ ~-, , . .Ao. 0 c:::::t C) :X:' -.I., .~ Z x-! BOARD OF COUNTY coMMffisI~RS:_:j OF MONROE COUNTY, F~~DA N ::~ ~4~~~~.'..'. ~ :J C':""",:_ :;;0 ,- i'q By: . / . 0 i::; Date: AlM,O%Ci6bra;: f;, ;:" ::5 - (Seal) Attest: DANNY 1,. KOLHAGE, CLERK BYC?Z~ Deputy Clerk (SEAL) Attest: By c.~.~./ ltness GENERAL ASPHALT CO., INC. By Date: DS J 62-( ']...co 1 MONROE COUNTY ATTORNEY ~p ROilED AS TO ~RM: /J . f'/~ ;)-{~.. NA ILEE"'!: 'N. CASSEL ASSIST,~I:D; CUUNTY ATTORNEY Date lfJ-- /'07 Printed Name: 1<..,1.4'( .>. W peL- JA, Date: Av~vj(;l., JA7717