1st Amendment/Renewal 02/18/2009
DANN1'L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
February 20, 2009
TO:
Dent Pierce, Director
Public Works Division
A TTN:
Beth Leto, Assistant Director
Public Works Division
Pamela G. Hanco~
FROM:
At the February 18, 2009, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Residential Lease Agreement for Location B with the Sheriffs Deputy to commence
April 1, 2009 and terminating March 31,2010.
~mendment the Agreement and exercise the first option to renew the Contract between
Momoe County and U. S. Water Services Corporation for the operation and maintenance of the
sewage treatrnent plant at the Plantation Key Government Complex.
Enclosed is a duplicate original of each of the above-mentioned for your handling.
Should you have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File ./
AMENDMENT and III RENEWAL AGREEMENT
OPERATION AND MAINTENANCE
~;EW AGE TREATMENT PLANT - PLANTATION KEY GOVERNMENT CENTER
'C'f.l_THIS AME}PD ENT AND 1ST RENEWAL AGREEMENT is made ~nd entered into this
I 0 - day of ;f;-LI. <elL , 2008, between MONROE COUNTY (heremafter "County" or
"Own;"), a political subdivis' n of the State of Florida, whose address is 1100 Simonton Street, Key
West, Florida 33040, and U. S. WATER SERVICES CORPORATION, a Florida corporation, whose
address is 4939 Cross Bayou Boulevard, New Port Richey, Florida 34652 (hereinafter "Contractor")) .
WHEREAS, the parties hereto did on January 16,2008 enter into an agreement for operation and
mainttmance of sewage treatment plant for the PLANTATION KEY GOVERNMENT CENTER, Monroe
Coun~y (hereinafter "Original Agreement"); and
WHEREAS, both parties desire to amend Paragraph 1 to clarify language in the Agreement; and
WHEREAS, both parties desire to amend Paragraph 2 as follows: (a) to clarify language in "Item
viii.q", and (b) to add a new subsection "F"; and
WHEREAS, the parties have found the Original Agreement to be mutually beneficial and;
WHEREAS, the parties find that it would be mutually beneficial to enter into this Amendment
and 1 st Renewal Agreement; now therefore
NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth
below, the parties agree as follows:
1. Paragraph 1 of the Original Agreement is amended to read as follows:
"The Agreement consists of this document, the bid documents and the attached exhibits
only."
2. Paragraph 2, SCOPE OF WORK, is amended as follows
A. Clarify language in "Item viii.q." to read:
q. Provide all digester sludge removal services: Maximum of four removals
annually, when required. Any additional removals in excess of 1,200 gallons require
the County's prior written approval; the contractor shall notify the Facilities
Maintenance Department when such additional removals are anticipated. The
cost breakdown for any removals beyond the four cited above shall consist of the
disposal cost to the contractor plus 25% handling charge. The Contractor shall be
solely responsible for all sludge removal services and any required testing. The
Contractor shall submit to the Facilities Maintenance department a copy of the
landfill inbound charge/dump ticket(s) after every sludge removal service; and
B. To add an additional subsection "F" as follows:
F. In the event of a major component failure or system breakdown, the COUNTY,
when deemed as an emergency situation, shall have the option to request from the
CONTRACTOR only, a proposal/quote for replacement equipment in an amount that
could exceed Five Thousand Dollars ($5,000). Any proposal over $5,000 up to and
including $10,000 must be approved and signed by the Division Director and/or the
County Administrator. Any proposal over $10,000 up to and including $25,000 must
be approved and signed by the Division Director and the County Administrator.
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3. In accordance with the original agreement, Paragraph 3, CONTRACT AMOUNT, the
Contract amount is being adjusted 4.1 % in accordance with the percentage change in the U S.
Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as
reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U
computation at December 31 of the previous year as follows: Monthly operation and
maintenance service amount from $725.56 to $755.31, for an annual amount of $9,063.72;
labor for repairs (as described in the original agreement) during normal working hours from
$60.00 to $62.46 and emergency service calls from $90.00 to $93.69.
4. In accordance with the original agreement, Paragraph 5, TERM OF AGREEMENT, the
County exercises option to renew the Original Agreement for the first of the two (2) terms.
This term will commence on January 28,2009 and terminate January 27, 2010.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first above written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
a~~
Depc(ty Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
B~~~" >noi.A<&.,e4-
Mayor/Chairperson
OIt::1fDR~~
Signature .
,Tan 12. 2009
Date
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Signature ---
U. S.~\ER SERVICES CORPORATION
By t0J~Q'b ~~
PrintName David B. Schul tz
Sr. Vice President
.hlD 12, 200g
Date
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