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1st Amendment/Renewal 07/15/2009 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DA TE: July 30, 2009 TO: Dent Pierce, Director Public Works Division A TTN: FROM: Beth Leto, Assistant Director Public Works Division 4-if/ Pamela G. Hanc&.C. At tIle July 15, 2009, Board of County Commissioner's meeting the Board granted approval ancl authorized execution of the following: v::(greement and exercise the first renewal option of the Contract between Monroe County and U.S. Water Services Corporation for operation and maintenance of the wastewater treatment plant at the 1\1arathon Government Center. Agrelement between Monroe County and Carlos Dega d/b/a Dega Art Studios, LLC for concrete scoring and coloring at the African Cemetery Memorial Project in Key West. Enclosed is a duplicate original of each of the above-mentioned for your handling. Should you llave any questions please do not hesitate to contact this office. cc: County Attorney Finan.ce File v-/ AMENDMENT and 1~ RENEWAL AGREEMENT OPERATION AND MAINTENANCE W ASTEW A TER TREATMENT PLANT - MARATHON GOVERNMENT CENTER /<:>p THIS AMEND ENT AND 1ST RENEWAL AGREEMENT is made and entered into this ~ -- day of , 2009, between MONROE COUNTY (hereinafter "County" or "Owner"), a poli .cal s division 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 July 16, 2008 enter into an agreement for operation and maintenance of wastewater treatment plant for the Marathon Government Center located in Monroe County (hereinafter "Original Agreement"); and WU-IEREAS, both parties desire to alTIend Paragraph I to clarify language in the Agreement; and WIHEREAS, both parties desire to amend Paragraph 2 to clarify language in subsection "D"; and WHEREAS, the parties have found the Original AgreelTIent 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 N()W THEREFORE, IN CONSIDERATION of the lTIutual promises and covenants set forth bel0w, 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, Paragraph "0" is amended to clarify language as follows "D. In the event of a major cOlnponent failure or system breakdown, the COUNTY, when deelTIed as an emergency situation, shall have the option to request from the CONTRACTOR only, a proposal/quote for replacement equipment in an alTIOunt 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 i\dlninistrator. Any proposal over $10,000 up to and including $25,000 ITIUst be approved and signed by the Division Director and the County AdIninistrator." 3. In accordance with the original agreelnent, Paragraph 3, CONTRACT AMOUNT, the Contract amount is being adj listed. 1010 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 alTIOunt froIn $850.56 to $851.41, for an annual amount of $10,216.92; labor for repairs (as described in the original agreement) during normal working hours from $75.00 to $75.08 and elnergency service calls froIn $1 12.50 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) tenns. This tenn wi II COlnmence on Septem ber 1, 2009 and tenninate August 31, 2010. - 1 - ~,~ r'~. -.'~::':.',: ~":~":::':'~-'.""~~"''''''. --L ..:~'.t~~i:ss WHEREOF, the parties hereto have set their hands and seals the day and year fjtstabQ*:wtfften:'~:'- ' (SEA~) '" t\TTES ERK Q::> ............ ......." '" ..' ".<'/' . ...,,' B.. ..'. .. ... . . >. < . .... . De ry Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By A.,..~. >tJ~,~ Mayor/Chairperson U. S. WATER SERVICES CORPORATION By June 16, 2009 Date .~~~i~ Signature Print NalTIe Da vi dB. Sr. Vice June 16, 2009 Date :1:: 0 ~. 1> 50nz ,,~ r-;z ;;1 ~-< C....);,!, r- C-;,-., · ::::. " ,i ~ :;: ;:0 0 ,,:r'i~~ .." r- ;n:I: :', ;-f)> -q C) r- (TJ r-..J == \G ~ c.t.) Q . ...., - r- tTI o .." o =0 :tJ ITI n o ;:u I.::) - .... .. ell \I>> - 2 -