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HomeMy Public PortalAboutAmendment No. 9 Operations Management InternationalAMENDMENT NO. 9 TO THE AGREEMENT FOR OPERATIONS, MAINTENANCE AND MANAGEMENT SERVICES FOR THE CITY OF CRESTVIEW, FLORIDA This Amendment No. 9 to the Agreement for Operations, Maintenance and Management Services, as it has subsequently been amended, for the City of Crestview, Florida dated October 22, 2014 (the "Agreement") is made effective this / day of Odryje r 2023 by and between 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 6312 S. Fiddler's Green Circle, Suite 300N, Greenwood Village, CO 80111 (hereinafter "CONTRACTOR"). NOW THEREFORE, OWNER and CONTRACTOR agree as follows: 1. 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 One Million Three Hundred Thirteen Thousand Seven Hundred Fifteen Dollars and Forty -Three Cents ($1,313,715.43) for the period of October 1, 2023 through September 30, 2024. Subsequent years' base fees shall be determined as hereinafter specified. 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 Twenty -Five Thousand Dollars ($25,000) for the period specified in Article 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, Article E.1.6 is deleted in its entirety and replaced with the following Article E.1.6: E.1.6 The total amount CONTRACTOR shall be required to pay for Chemicals shall not exceed the annual Chemicals Limit of Sixty Thousand Dollars ($60,000) for the period specified in Article E.1.1 above. CONTRACTOR shall provide OWNER with a detailed invoice of Chemicals cost 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. -1- fTh 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 One Hundred Twenty -Five Thousand Dollars ($125,000) for the period specified in Article E.1.1 above. CONTRACTOR shall provide OWNER with a detailed invoice of Residual disposal costs over the annual Residuals Limit, and OWNER shall pay CONTRACTOR for the cost of Residuals in excess of the Residuals Limit. CONTRACTOR will rebate to OWNER the amount that the actual cost of Residuals is less than the annual Residuals Limit. 5. Appendix E, Article E.1.9 is deleted in its entirety and replaced with the following Article E.1.9: E.1.9 CONTRACTOR and OWNER shall agree on the annual fee for electrical costs of Two Hundred Thirty -Seven Thousand Dollars ($237,000) for the period specified in Article E.1.1 above. Any electrical cost overage will be shared and equally paid by OWNER and CONTRACTOR. Any electrical cost savings below the estimated fee will be equally shared between the OWNER and CONTRACTOR at the end of the contract year with other rebate line items in the Agreement. 6. Appendix F is hereby deleted in its entirety and replaced with the attached Appendix F. 7. Appendix G is hereby deleted in its entirety and replaced with the attached Appendix G. This Amendment together with the Agreement and previous amendments 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 this Amendment No. 9 by their signatures below. OPERATIONS MANAGEMENT INTERNATIONAL, INC.: Name: Kyle Holder Title: Geographic Director of Operations Date: -2- THE CITY OF CRESTVIEW, FLORIDA: II By. J4 Na: .: B Whitten Title: Mayo Date: �jy 21/ APPENDIX F — PROJECT VEHICLES AND EQUIPMENT The Project includes all vehicles, rolling stock, and other equipment: Year Make 2001 Ford 2006 Kubota John Deere John Deere John Deere 2012 DR Power 2019 Ford 2003 Ford r1 Model/Description F150 m540 tractor/bush hog x485 lawn tractor 850d gator 1070 tractor Bush Mower F150 Taurus Equipment/Vehicle ID No. 1FTRX18W21NA89561 City #493 City #454 City #510 City #1070 TMB008338 1FTFX1E52KKD87383 1FAFP53233A223489 APPENDIX G — 30-DAY CHEMICAL INVENTORY -3- peN Chemical Units Wastewater Plant Sodium Hypochlorite Gallons 1500 Polymer Pounds 450 HTH Pounds 100 -4-