1st Amendment 06/10/2015 r-
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5p ,; 4 CLERK OF CIRCUIT COURT & COMPTROLLER
o ' '- ,, MONROE COUNTY,FLORIDA
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DATE: June 24, 2015
TO: Rhonda Haag
Sustainability Manager
ATTIC• Lindsey Ballard
Executive Aide
FROM: Cheryl Robertson Executive Aide to the Clerk of Courts & Comptroller 8D1.61SL'1
At the June 10, 2015 Board of County Commissioner's meeting the Board granted approval and
authorized execution of Item M3 Amendment 1 to the contract with JND Thomas Company, Inc., the
contractor for removal of organic muck material from Canal #266 and Canal #290, to authorize the
County to mail payments under the contract to Dayhill Group for disbursement under the contract rather
than mailing payments directly to the contractor.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any questions,
please feel free to contact my office.
cc: County Attorney
Finance
File v
500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax 305-295-3663
3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025
88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146
AMENDMENT NO. 1 '
, TO THE CONTRACT
FOR ORGANIC REMOVAL ON CANALS#266 AND#290
ON BIG PINE KEY,FLORIDA
AS PART OF THE CANAL DEMONSTRATION PROJECTS
THIS AMENDMENT NO. 1, dated June 10. 2015 , to that Contract dated the 151 day of April,
2015, between Monroe County, "COUNTY," and JND Thomas Company, Inc.,
"CONTRACTOR".
WITNESSETH:
WHEREAS, the COUNTY has agreed to proceed with several demonstration projects to test
various methods for canal restoration techniques to verify the applicability, feasibility,
effectiveness and costs in real time of the techniques on the canals;and
WHERES, the CONTRACTOR has requested the COUNTY to send reimbursement payments,
payable to the CONTRACTOR,to a third party for disbursement.
NOW, THEREFORE, in consideration of mutual promises, covenants and CONTRACTs stated
herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged,COUNTY and CONSULTANT agree as follows:
1. This AMENDMENT NO. 1 acknowledges the disbursement agreement between JND Thomas,
Contractor, and Dayhill Group, LLC. Under this Amendment and the disbursement agreement
with Dayhill LLC., the County is directed by Contractor to mail payment checks for work done
by the Contractor directly to Dayhill Group Inc. at 1205 Westlake Drive, Suite 280,Berwyn,PA
1931, rather than to the Contractor. Nothing in this amendment changes the authority of the
County to oversee the invoices provided by JND Thomas,Inc. or the County authority to request
further documentation or verification on invoices from Contractor. The only change that this
amendment contemplates is the address of the company to which payment will be mailed.
2. Acknowledgement is attached hereto as EXHIBIT 1 and shall be signed by the Board of
County Commissioners.
-§-/ i' •` SS WHEREOF, each party caused this AMENDMENT NO. 1 to be executed by its
s i_ N ul"')!' thorized representative.
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, _, _ , `=a BOARD OF COUNTY COMNIISSIONERS
is.. CLERK OF MONROE COUNTY,FLORIDA
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Page 1 of Amendment No. 1
EXHIBIT 1
AMENDMENT NO.1 TO THE CONTRACT FOR ORGANIC REMOVAL ON CANALS
#266 AND#290 ON BIG PINE KEY,FLORIDA AS PART OF THE CANAL
DEMONSTRATION PROJECTS
Page 2 of Amendment No. 1
Acknowledgment of
Disbursement.Agreement
By and Between Dayhill Group
and
JND Thomas Company, Inc.
As a condition precedent for issuing a Loan for Organic Removal,Water Quality Improvement Projects,
Mobilization Funding, LLC("The Lender") has required the Contractor("JND Thomas Company, Inc.")to
employ the Disbursement Agent for the purpose of discharging the duties noted in the attached
Agreement.
In this capacity,the Disbursement Agent is employed directly by JND Thomas,Company. Inc.and the
Disbursement Agent is in no way a party to the agreement between Monroe County Board of County
Commissioners("the Owner") and JND Thomas Company, Inc.
As such, payments shall be made payable to JND Thomas Company, Inc.and mailed to:
Dayhill Group, LLC
1205 Westlake Drive,Suite 280
Berwyn, PA•19312
This certification can only be changed by written directive ofJND Thomas Inc. and the written consent
of a duly authorized representative of The.Lender,with copies sent to Monroe County Board of County
Commissioners.
JND Thomas Company, Inc. Monroe County Board of County
Commissioners
Signed : Signed :
Print: A.-0//i//5 6ZPI/ld S Print: J)2t7f ,L. a//)O- -
Date: J o? Date: (///O/i.
MONROE COUNTY ATTORNEY .
ROVED AS TO F0901
NALEENE W.
CASSEL
ASSISJTANT COUNTY ATTORNEY
Date - //- .9-0/S
EXHIBIT
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