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1st Amendment/Renewal 04/15/2009 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DA TE: April 17, 2009 TO: Dent Pierce, Director Public Works Division A TTN: Beth Leto, Assistant Director Public Works Division Pamela G. HanCOCk~ FROM: At the April 15, 2009, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following: Contract between Monroe County and Dependable Janitorial & Building Maintenance, Inc. for janitorial services at the Big Pine Key Library. Contract between Monroe County and Dependable Janitorial & Building Maintenance, Inc. for janitorial services at the George Dolezal Library, Marathon, Florida. Contract between Monroe County and Dependable Janitorial & Building Maintenance, Inc. for janitorial services at the Islamorada Library. Contract between Monroe County and Dependable Janitorial & Building Maintenance, Inc. for janitorial services at the Key Largo Library. /Agreement and exercise the first option to renew the Contract between Monroe County and U.S. Water Services Corporation for operation and maintenance of the sewage treatment plant at the Roth Building. 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 WASTEWATER TREATMENT PLANT - ROTH BUILDING _~THIS ~NT AND 1ST RENEWAL AGREEMENT is made and entered into this Js day of ' , 2009, between MONROE COUNTY (hereinafter "County" or "Owner"), a politica subdIvIsIOn of the State of Flonda, 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 May 21, 2008 enter into an agreement for operation and maintenance of wastewater treatment plant for the ROTH BUILDING located in Monroe County (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. - 1 - 3. In accordance with the original agreement, Paragraph 3, CONTRACT AMOUNT, the Contract amount is being adjusted .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 $700.56 to $701.26, for an annual amount of $8,415.12; labor for repairs (as described in the original agreement) during normal working hours from $75.00 to $75.08 and emergency service calls from $112.50 to $112.62. 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 June 1,2009 and terminate May 31,2010. Ri... WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year 'first a1?ovewntten. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BY~ De uty Clerk BOARD OF COUNTY COMMISSIONERS ;;:;~~~~,'F:; By Mayor/Chairperson Witnesses fur CONTRACTOR: ~- 0' (\" ! ~, ~\CU 1 J'Ov--. . \ Ignature 3-r2C) . DC, Date 'i2v'YW;@.) ~JX)CU I.dv~' Signature 3-~() oct Date U. S. WATER SERVICES CORPORATION By Q~~ ~~ Print Name '"'1:>,i\-0 ~ ~. SC-b\:--u(.......1"""Z.-- 5\2-_ -....J ~~ . i .." - r- - ", ;g 0 " ~ 0 ::0 :z:.. ::0 ::c ", - - ('") ... <:) N ;0 4%"- 0 - 2 -