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Home My Public Portal AboutOperations Management International Inc- Amend 1AMENDMENT NO. I TO THE AGREEMENT FOR OPERATIONS, MAINTENANCE AND MANAGEMENT SERVICES FOR THE CITY OF CRESTVIEW, FLORIDA This Amendment No. I to the Agreement for Operations, Maintenance and Management Services as it has subsequently been amended for the City of Crestview, Florida dated4Nof 2015 (the "Agreement") is made effective this 1st day of October, 2015 by and be een the City of Crestview, Florida, a municipal corporation, whose address for any formal notice is 198 North Wilson Street, Crestview, Florida 32536 (hereinafter "OWNER") and Operations Management International, Inc., whose address for any formal notice is 9191 Jamaica Street, Englewood, CO 80112 (hereinafter "CONTRACTOR"). NOW THEREFORE, OWNER and CONTRACTOR agree as follows: I. Appendix E, Article Ell is deleted in its entirety and replaced with the following Article E.1.1: E.1.1 OWNER shall pay to CONTRACTOR as compensation for services performed under this Restated Agreement a Base Fee of Nine Hundred Four Thousand Seven Hundred Forty Dollars ($904,740) for the period of October 1, 2015 through September 30, 2016. Subsequent years' base fees shall be determined as hereinafter specified. Additionally, OWNER shall pay CONTRACTOR a onetime payment of Twenty Thousand Dollars ($20,000) for increased expenses which occun-ed during the previous contract year, from Operation and Maintenance of the facility improvements resulting from the Phase 4 construction completion. OWNER will be invoiced by CONTRACTOR after the effective date of this amendment. 2. Appendix E, Article E.1.4 is deleted in its entirety and replaced with the following Article E.1.4: E.1.4 The total amount CONTRACTOR shall be required to pay for Repairs shall not exceed the annual Repairs Limit of Fifteen Thousand Dollars ($15,000) for the period specified in Appendix E.1.1 above. CONTRACTOR shall provide OWNER with a detailed invoice of Repairs over the annual Repairs Limit, and OWNER shall pay CONTRACTOR for all Repairs in excess of such limit. CONTRACTOR will rebate to OWNER the entire amount that the cost of Repairs is less than the annual Repairs Limit. 3. Appendix E. Section E.1.2 is deleted in its entirety and replaced with the following: E.1.6 The total amount CONTRACTOR shall be required to pay for Chemicals shall not exceed the annual Chemicals Limit of Twenty Four Thousand Dollars ($24,000). CONTRACTOR shall provide OWNER with a detailed invoice of Chemicals cost - 1 - over the annual Chemicals Limit, and OWNER shall pay CONTRACTOR for the cost of Chemicals in excess of the Chemicals Limit. CONTRACTOR will rebate to OWNER the amount that the actual cost of Chemicals is less than the annual Chemicals Limit. 4. Appendix E, Article E.1.8 is deleted in its entirety and replaced with the following Article E.1.8: E.1.8 Provide for the disposal of scum, sludges, and biosolids (collectively, "Residuals) to existing disposal sites, provided the total amount CONTRACTOR shall be required to pay does not exceed Thirty Five Thousand Dollars ($35,000) for the period specified in Appendix E.1.1 above. OWNER shall pay for all Residual disposal costs in excess of such amount. OWNER and CONTRACTOR agree that OWNER is the Generator of the Residuals. 5. Appendix FI is deleted in its entirety. This Amendment together with the Agreement constitutes the entire agreement between the Parties and supersedes all prior oral and written understandings with respect to the subject matter sct forth herein. Unless specifically stated all other terns and conditions of prior Amendments and the Agreement shall remain in full force and effect. Neither this Amendment nor the Agreement may be modified except in writing signed by an authorized representative of the Parties. The Parties, intending to be legally bound, indicate their approval of the Amendment by their signatures below. OPERATIONS MANAGEMENT THE CITY OF CRESTVIEW, INTERNATIONAL, INC.: By: A. Name: Scott Neelley Title: Vice President Date: to it5 FLORIDA: Name: David Cadle Title: Date: MaVr 30' /6 - 2 - AMENDMENT NO. 1 TO THE AGREEMENT FOR OPERATIONS, MAINTENANCE AND MANAGEMENT SERVICES FOR THE CITY OF CRESTVIEW, FLORIDA This Amendment No. 1 to the Agreement for Operations, Maintenance and Management Services as it has subsequently been amended for the City of Crestview, Florida dated jgof 2015 (the "Agreement") is made effective this 1st day of October, 2015 by and bet een the City of Crestview, Florida, a municipal corporation, whose address for any formal notice is 198 North Wilson Street, Crestview, Florida 32536 (hereinafter "OWNER") and Operations Management International, Inc., whose address for any formal notice is 9191 Jamaica Street, Englewood, CO 80112 (hereinafter "CONTRACTOR"). NOW THEREFORE, OWNER and CONTRACTOR agree as follows: I . Appendix E, Article E.1.1 is deleted in its entirety and replaced with the following Article E.1.1: E.1.1 OWNER shall pay to CONTRACTOR as compensation for services performed under this Restated Agreement a Base Fee of Nine Hundred Four Thousand Seven Hundred Forty Dollars ($904,740) for the period of October 1, 2015 through September 30, 2016. Subsequent years' base fees shall be determined as hereinafter specified. Additionally, OWNER shall pay CONTRACTOR a onetime payment of Twenty Thousand Dollars ($20,000) for increased expenses which occurred during the previous contract year, from Operation and Maintenance of the facility improvements resulting from the Phase 4 construction completion. OWNER will be invoiced by CONTRACTOR after the effective date of this amendment. 2. Appendix E, Article E.1.4 is deleted in its entirety and replaced with the following Article E.1.4: E.1.4 The total amount CONTRACTOR shall be required to pay for Repairs shall not exceed the annual Repairs Limit of Fifteen Thousand Dollars ($15,000) for the period specified in Appendix E.1.1 above. CONTRACTOR shall provide OWNER with a detailed invoice of Repairs over the annual Repairs Limit, and OWNER shall pay CONTRACTOR for all Repairs in excess of such limit. CONTRACTOR will rebate to OWNER the entire amount that the cost of Repairs is less than the annual Repairs Limit. 3. Appendix E. Section E.1.2 is deleted in its entirety and replaced with the following: E.I .6 The total amount CONTRACTOR shall be required to pay for Chemicals shall not exceed the annual Chemicals Limit of Twenty Four Thousand Dollars ($24,000). CONTRACTOR shall provide OWNER with a detailed invoice of Chemicals cost -1- over the annual Chemicals Limit, and OWNER shall pay CONTRACTOR for the cost of Chemicals in excess of the Chemicals Limit. CONTRACTOR will rebate to OWNER the amount that the actual cost of Chemicals is less than the annual Chemicals Limit. 4. Appendix E, Article E.1.8 is deleted in its entirety and replaced with the following Article E.1.8: E.1.8 Provide for the disposal of scum, sludges, and biosolids (collectively, "Residuals) to existing disposal sites, provided the total amount CONTRACTOR shall be required to pay does not exceed Thirty Five Thousand Dollars ($35,000) for the period specified in Appendix E.1.1 above. OWNER shall pay for all Residual disposal costs in excess of such amount. OWNER and CONTRACTOR agree that OWNER is the Generator of the Residuals. 5. Appendix H is deleted in its entirety. This Amendment together with the Agreement constitutes the entire agreement between the Parties and supersedes all prior oral and written understandings with respect to the subject matter set forth herein. Unless specifically stated all other terms and conditions of prior Amendments and the Agreement shall remain in full force and effect. Neither this Amendment nor the Agreement may be modified except in writing signed by an authorized representative of the Parties. The Parties, intending to be legally bound, indicate their approval of the Amendment by their signatures below. OPERATIONS MANAGEMENT THE CITY OF CRESTVIEW, INTERNATIONAL, INC.: FLORIDA: By: By: Name: Scott Neelley Title: Vice President Datc: atilLe, Name: David Cadle Title: Mayor Date: 7 30/6 - 2 - Client#: 1702865 C'- ssoram nes . c4,2 G3 w-rp 16ESGOPE ACORD,., CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 05/25/2016 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 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 BBST Insurance Services, Inc. 517 North Church Street Thomaston, GA 30266 706 647-8121 CONTACT NAME: ((A/CC,,No, Eat): 706 647-8121 FAX N,); 888-831-8407 E-MAIL ADDRESS: INSURERS) AFFORDING COVERAGE NAIC N INSURER A : Amerisure Insurance Company 19488 INSURED ESG Operations Inc. ESG Engineering Inc Utilli-Vision Inc ESG Federal Inc. 6400 Peake Road Macon, GA 31210 INSURER B : INSURER c INSURER D : INSURER E INSURER F : CO GES CERTIFICATE NU BER: 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE !NM BR Sy yD POLHCY NUMBER POLICY EFF (MCID/YYY1� POLICY EXPM/ (MMIDD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE ; 1 CLAIMS -MADE OCCUR PR EMISS (pEaEni manta) ; - MED EXP (Any one person) ; PERSONAL & ADV INJURY ; GENT. AGGREGATE LIMIT APPLIES PRO - JECT PER LOC GENERAL AGGREGATE ; PRODUCTS - COMP/OP AGG ; f AUTOMOBILE u LIABILITY SCHEDULED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) ; BODILY INJURY (Per person) ___ ; BODILY INJURY (Per accident) $ ` PROPERTY DAMAGE (Per accident) ; ; UMBRELLA LIAB EXCESSLJAB ^ OCCUR CLAIMS -MADE EACH OCCURRENCE AGGREGATE ; DED RETENTION; ; A WORKERS COMPENSATION AND AND EMPLOYERS• UABIUlY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes describe under DESCRIPTION OF OPERATIONS below Y / N N N / A 146239800 08/01/2016 08/01/2017 X STPER ATUTE - Er - ER E L EACH ACCIDENT $1,000,000 E L DISEASE - EA EMPLOYEE ;1,000,000 ;1,000,000 E L DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) ' Workers Comp Information `*USLH ; Voluntary Compensation ; Other States Coverage *" THIS CERTIFICATE REPLACES ANY AND ALL PREVIOUSLY RECEIVED CERTIFICATES"* SAMPLE CERTIFICATE THAT WILL BE ISSUED IF ESG OPERATIONS, INC. IS AWARDED CONTRACT- Wastewater Treatment Facility and Lloyd Street Lift Station, Operation, Maintenance & Management Services. CERTIFICATE HOLDER CANCEL ON City of Crestview, FL Attn: Wayne Steele; Dir of Public Service 715 N. Ferdon Boulevard Crestview, FL 32536 ACORD 25 (2014/01) 1 of 1 ftS16212378/M16212363 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE lar ® 988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD BB7