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R-95-03-23-10B - 3/23/1995RESOLUTION NO. ,e-9.5 /0,8 WHEREAS, the City of Round Rock desires to retain contract operation services for weekend operation of the regional wastewater treatment plant, and WHEREAS, OMI, Inc., has submitted an agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with OMI, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with OMI, Inc., for contract operation services for weekend operation of the regional wastewater treatment plant, a copy of said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 23rd day of March, 1995. ATTEST: KS /RESOLUTION RS50323B LAND, City Secretary CHARLES CU ER, Mayor City of Round Rock, Texas THIS AGREEMENT made and entered into this day of /nfl2cii 1995, by and between the City of Round Rock, Texas (hereinafter referred to as CLIENT), whose address is 4/ E. MAin! , Round Rock, Texas 786k, and Operations Management International, Inc. (hereinafter referred to as OMI) with offices at 5299 DTC Boulevard, Englewood, Colorado 80111 -3333. 1. GENERAL PROVISIONS AGREEMENT for OPERATIONS AND MAINTENANCE SERVICES for THE CITY OF ROUND ROCK, TEXAS 1.1 This Agreement shall be governed by and interpreted in accordance with the laws of the State of Texas. 1.2 This Agreement is the entire Agreement of the parties, and may be modified only through written agreement signed by both parties. 1.3 OMI's services are defined solely by this Agreement and not by any other contract or agreement which may be associated with the Project. 1.4 The standard of care applicable to OMI's services will be performed to the degree of skill and diligence normally employed by professional operations personnel performing the same or similar services. 1.5 Execution of this Agreement by CLIENT will constitute authorization for OMI to proceed. 1.6 All grounds, facilities, and equipment now owned or leased by Owner or acquired by Owner shall remain the property of Owner. 2. SCOPE OF SERVICES -OMI CLIENT requests and authorizes OMI to perform the following services: 2.1 Operations Management International (OMI) will supply to CLIENT services of an operator, licensed to operate wastewater treatment plants in the State of Texas at Class "C" level or higher. City of Round Rock (RR01,51) - 1 - 020795 2.2 The OMI operator(s) will staff the plant(s) for a total of 20 hours per week, in the form of two, ten hour shifts, one each on Saturday and Sunday. The shifts will be scheduled to provide coverage between the hours of 4:00 pm and 2:00 am. 2.3 Work to be performed by the OMI operator will include, but not necessarily be limited to, monitoring treatment plant process conditions, minor maintenance functions, starting and stopping equipment, and plant process adjustments, all at the direction of OWNER's authorized representative. 2.4 OMI will provide eight hours per calendar month of this agreement services of an Operations Specialist, for the purpose of consultation regarding treatment plant operations. 2.5 OMI will perform other services which are incidental to the Scope of Services, as directed by Owner. Such services will be invoiced to Owner as provided for in Section 3 - COMPENSATION. 3. COMPENSATION 3.1 CLIENT shall pay to OMI as compensation for services performed under this Agreement a sum of $3,600.00 per month. Work will be performed at the direction of the CLIENT in support of tasks outlined in Section 2. SCOPE OF SERVICES - OMI. 3.2 The breakdown of costs between Operating personnel and Operations Specialist assistance, and between Labor/Fringes and Overhead, are as follows: Operator Operations Specialist Labor/Fringes $ 2,000 $ 640 Overhead 960 Totals $ 2,960 $ 640 3.3 If additional OMI personnel are called in on an emergency basis, OMI will invoice CLIENT at the rate of $50.00 per hour plus expenses. Such emergency callout must be authorized by CLIENT. 3.4 Monthly invoices will be issued by OMI for work performed and expenses incurred under this Agreement. All compensation to OMI is due upon receipt of OMI's invoice and payable within fifteen (15) days. City of Round Rock (RR01.51) 020795 3.5 Owner shall pay interest at an armual rate equal to the First Interstate Bank's prime rate plus one and one -half percent (1' /z %) (said amount of interest not to exceed any limitation provided by law), on payments not paid and received within fifteen (30) calendar days, such interest being calculated from the due date of the payment. 4. TERM and TERMINATION 4.1 Unless otherwise provided, the Term of this Agreement slball be for the period of HP�ZIL / , 1995, through £7Z&€ / , 199/ xtensions to this term may be provided by written agreement signed by both parties prior to expiration of the current term. 4.2 This Agreement may be terminated for convenience upon written notice by either party. Upon termination, OMI will be paid for all authorized work performed up to the termination date. 5. LIMITATION OF LIABILITY 5.1 Owner agrees to and shall hold OMI harmless from any liability or damages for property damage or bodily injury, including death, which may arise from all causes of any kind other than OMI's negligence or intentional acts by OMI. 5.2 OMI's liability to CLIENT under this Agreement specifically excludes any and all indirect or consequential damages arising from the services contemplated under this Agreement. 5.3 OMI shall not be liable for fines or civil penalties, which may be imposed by a regulatory agency, which are occasioned by the provision of services under this Agreement. 5.4 It is understood and agreed that, in seeking the services of OMI under this Agreement, CLIENT is requesting OMI to undertake uninsurable obligations for CLIENT's benefit involving the presence or potential presence of hazardous substances. Therefore, CLIENT agrees to hold OMI harmless from and against any and all claims, losses, damages, or liability arising out of or in any way connected with, the presence, discharge, release, or escape of contaminants of any kind, excepting only such liability as may arise out of the sole negligence of OMI, and limited to the extent that OMI is negligent in the performance of services under this Agreement. 5.5 If any of the provisions contained in this Agreement are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions shall not be impaired City of Round Rock (RR01.51) 020795 5.6 This Agreement gives no right or benefits to anyone other than CLIENT and OMI and has no third party beneficiaries. Both parties indicate their approval of this Agreement by their signatures below. Authorized Signature: Don 3`ans Name: Pres' s ent Title: OPERATIONS MANAGEMENT INTERNATIONAL, INC. Date: a 1 I . -1 0 15 thereby. Limitations of liability and indemnities shall survive termination of this Agreement for any cause. Authorized Signature: CITY OF ROUND ROCK, TEXAS Date 3- - 95 City of Round Rock (RR01,51) 020795 DATE: March 17, 1995 SUBJECT: City Council Meeting, March 23, 1995 ITEM: 10B. Consider a resolution authorizing the Mayor to enter into an agreement with OMI, Inc. for weekend operation of the regional wastewater plant. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: The City's wastewater treatment plants are scheduled to be expanded. In order to insure that they meet discharge requirements during the construction period, staff recommends that coverage be increased. Currently, both plants are manned 16 hours per day during week days and 8 hours per day on weekends. Utilizing existing staff, we can increase coverage during week days to 21 hours per day. We propose that OMI be contracted with to provide an additional 10 hours per day coverage on Saturday and Sunday between 4 p.m. and 2 a.m. We believe this help will ensure that the plant meets permit requirements. Mayor Charles Culpepper Mayor Pro -tem Robert Stlaka Council Members Rod Morgan Rick Stewart Earl Palmer Martha Chavez Jimmy Joseph City Manager Robert L. Bennett. Jr. City Attorney Stephan L. Sheets March 28, 1995 OMI, Inc. ATTN: Kerby Chaney, Project Manager P.O. Box 105 Georgetown, TX 78621 Dear Mr. Chaney: Resolution No. R- 95- 03- 23 -10B was approved by the Round Rock City Council on March 23, 1995. Enclosed is a copy of the resolution and an original agreement for your files. If you have any questions, please do not hesitate to call. Sincerely, a anne Land Assistant City Manager/ City Secretary Enclosures THE CITY OF ROUND ROCK 221 East Main Street Round Rock, Texas 78664 512-255-3612 Fax 512- 255 -6676 1-800-735-2989 (TDD) 1-800-735-2988 (Voice)