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HomeMy Public PortalAboutAmend. #2 Operations Management International IncAMENDMENT NO.2 TO THE AGREEMENT FOR OPERATIONS, MAIN PENANCE AND MANAGEMENT SERVICES FOR THE CITY OF CRESTVIEW, FLORIDA This Amendment No. 2 to the Agreement for Operations, Maintenance and Management Services, as it has subsequently been amended, for the City of Crestview, Florida dated J of pe cewA e- 2016 (the "Agreement") is made effective this 1' day of October, 2016 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 9191 Jamaica Street, Englewood, CO 80112 (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 Nine Hundred Forty Eight Thousand Five Hundred Fifteen Dollars ($948,515) for the period of October 1, 2016 through September 30, 2017. 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 Thousand Dollars ($20,000) 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.1.6 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 Fifty Thousand Dollars ($50,000). 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 - 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 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 One Hundred Ninety Two Thousand Dollars ($192,000) for the period specified in Appendix 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. Article 17, PUBLIC ACCESS, is added to this Agreement: Article 17, PUBLIC ACCESS. Contractor shall comply with the requirements of Florida's Public Records law. In accordance with Section 119.0701, Florida Statutes, Contractor shall: a. Keep and maintain public records that ordinarily and necessarily would be required by City of Crestview in order to perform the service. b. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided under Florida's Public Law or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of this contract if Contractor does not transfer the records to the public agency: and d. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of Contractor or keep and maintain public records required by the public agency to perform the service. If Contractor transfers all public records to the public agency upon completion of the contract, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Contractor keeps and maintains public agency, upon request from public agency's custodian of public records, in a format that is compatible with the information technology systems of the City of Crestview. - 2 - g• e. If Contractor has questions regarding the application Chapter 119, Florida Statutes, to Contractor's duty to provide public records relating to this Agreement, Contractor shall contact the Custodian of Public Records at: f. City Clerk, City of Crestview 198 North Wilson Street, P.O. Box 1209, Crestview, Florida 32536 (850) 682-1560 Extension 250 cityclerk(a citvofcrestview.org In the event the City of Crestview must initiate litigation against Contractor in order to enforce compliance with Chapter 119, Florida Statutes, or in the event of litigation filed against the City of Crestview because Contractor failed to provide access to public records responsive to a public record request, the City of Crestview shall be entitled to recover all costs, including but not limited to reasonable attorneys' fees, costs of suit, witness, fees, and expert witness fees extended as part of said litigation and any subsequent appeals. 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 INTERNATIONAL, INC.: THE CITY OF CRESTVIEW, FLORIDA: By: By: ems, Nam Fl I ° Name: David Cadle Title: V' S r. Des ; 5 ci 1.0"cseC Title: Mayor Date: rb -,jee, 245%co Date: d 2_ 6 _) t - 3 - AMENDMENT NO.2 TO THE AGREEMENT FOR OPERATIONS, MAINTENANCE AND MANAGEMENT SERVICES FOR THE CITY OF CRESTVIEW, FLORIDA This Amendment No. 2 to the Agreement for Operations, Maintenance and Management Services, as it has subsequently been amended, for the City of Crestview, Florida dated I of (Jece,.,e.r 2016 (the "Agreement") is made effective this 1st day of October, 2016 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 9191 Jamaica Street, Englewood, CO 80112 (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 Nine Hundred Forty Eight Thousand Five Hundred Fifteen Dollars ($948,515) for the period of October 1, 2016 through September 30, 2017. 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 Thousand Dollars ($20,000) 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.1.6 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 Fifty Thousand Dollars ($50,000). 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 - 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 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 One Hundred Ninety Two Thousand Dollars ($192,000) for the period specified in Appendix 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. Article 17, PUBLIC ACCESS, is added to this Agreement: Article 17, PUBLIC ACCESS. Contractor shall comply with the requirements of Florida's Public Records law. In accordance with Section 119.0701, Florida Statutes, Contractor shall: a. Keep and maintain public records that ordinarily and necessarily would be required by City of Crestview in order to perform the service. b. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided under Florida's Public Law or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of this contract if Contractor does not transfer the records to the public agency: and d. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of Contractor or keep and maintain public records required by the public agency to perform the service. If Contractor transfers all public records to the public agency upon completion of the contract, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Contractor keeps and maintains public agency, upon request from public agency's custodian of public records, in a format that is compatible with the information technology systems of the City of Crestview. - 2 - g• e. If Contractor has questions regarding the application Chapter 119, Florida Statutes, to Contractor's duty to provide public records relating to this Agreement, Contractor shall contact the Custodian of Public Records at: f. City Clerk, City of Crestview 198 North Wilson Street, P.O. Box 1209, Crestview, Florida 32536 (850) 682-1560 Extension 250 cityclerk(u�cityofcrestview.org In the event the City of Crestview must initiate litigation against Contractor in order to enforce compliance with Chapter 119, Florida Statutes, or in the event of litigation filed against the City of Crestview because Contractor failed to provide access to public records responsive to a public record request, the City of Crestview shall be entitled to recover all costs, including but not limited to reasonable attorneys' fees, costs of suit, witness, fees, and expert witness fees extended as part of said litigation and any subsequent appeals. 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 INTERNATIONAL, INC.: By: e: Name: Title: Vice--Pfesicleitt Sr , Doi 5 " lei Date: 13 Der- 2-0 cp THE CITY OF CRESTVIEW, FLORIDA: By: Name: David Cadle Title: Mayor Date: 1 z 5 —J �o - 3 -