1st Addendum 01/17/2018C' .,
Kevin Madok, CPA
Clerk of the Circuit Court & Comptroller — Monroe County, Florida
DATE: January 18, 2018
TO: Kevin G. Wilson, PE
Assistant County Administrator
FROM: Pamela G. Hancock, D.C.
SUBJECT: January 17th BOCC Meeting
Attached is an electronic copy of C13, Addendum to Yard Waste Processing Agreement
with Brownie Companies, LLC to incorporate inadvertently omitted contractual provisions, for
your handling.
Should you have any questions, please feel free to contact me at ext. 3130. Thank you.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
305 - 294 -4641 305 - 289 -6027 305 - 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305 - 852 -7145
Addendum 1 to the Agreement for Yard Waste Processing Services
This Addendum to the Agreement for Yard Waste Processing Services dated November 14, 2017 is made
and entered into this 04h day of L , 2018, by and between Monroe County, a
political subdivision of the State of Florida, whose a dress is 1100 Simonton Street, Key West, FL 33040,
its successor and assigns, hereinafter referred to as "COUNTY" through the Monroe County Board of
County Commissioners ( "BOCC ") and Brownie Companies, LLC, a Florida Limited Liability Company,
whose address is 385 NE Baker Road, Stuart, FL 34994, its successor and assigned, hereinafter referred to
as "CONTRACTOR"
WHEREAS, the COUNTY and CONTRACTOR entered into the Agreement for Yard Waste Processing
Services (Agreement) on November 14, 2017; and
WHEREAS, when the signature page to the Agreement was uploaded onto the Agenda portions of
paragraph 40, and paragraph 41, and 42 were inadvertently omitted;
WHEREAS,, this addendum will incorporate omitted provisions into the Agreement retroactively to
November 14, 2017;
NOW THEREFORE, in consideration of the mutual promises stated herein, and for other good and
valuable consideration, the parties hereby agree:
1. That paragraph 40, 41 and 42 shall be incorporated into the Agreement as follows:
40. NON - RELIANCE BY NON - PARTIES
No person or entity shall be entitled to rely upon the terms, or any other term, of this Agreement
to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service
or program contemplated hereunder, and the CONTRACTOR and the COUNTY agree that
neither the CONTRACTOR nor the COUNTY or any agent, officer, or employee of either shall
have the authority to inform, counsel, 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 to, or superior to the community in general or for the purposes
contemplated in this Agreement.
41. ATTESTATIONS AND TRUTH IN NEGOTIAION
CONTRACTOR agrees to execute such documents as COUNTY may reasonably require,
including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace
Statement. Signature of this Agreement by CONTRACTOR shall act as the execution of a truth
in negotiation certificate stating that wage rates and other factual unit costs supporting the
compensation pursuant to the Agreement are accurate, complete, and current at the time of
contracting. The original contract price and any additions thereto shall be adjusted to exclude any
significant sums by which the agency determines the contract price was increased due to
inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such
adjustments must. be made within one year following the end of the Agreement.
42. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of
any member, officer, agent or employee of Monroe County in his or her individual capacity, and
no member, officer, agent or employee of Monroe County shall be liable personally on this
Agreement or be subject to any personal liability or accountability by reason of the execution of
this Agreement.
2. This addendum will be retroactively effective to, November 14, 2017, the Date of the
Agreement.
Il'WITlE•NS WHEREOF, each party has caused this Agreement to be executed by its duly
<lautlorrzed;representative on the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
�� Attest KEU1I Clerk OF MONROE COUNTY, FLORIDA
. Deputy C k By Mayor
Attest:
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