HomeMy WebLinkAboutResolution No. 1992-03? n n PPO
RESOLUTION NO. 92 -3
A RESOLUTION OF THE CITY OF CAPE CANAVERAL,
FLORIDA, APPROVING THE AGREEMENT WITH PRO-
FESSIONAL PLANT OPERATIONS, INC. FOR
OPERATIONS CONSULTING SERVICES FOR THE
WASTEWATER TREATMENT PLANT; PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
SECTION 1. The City of Cape Canaveral, Florida, hereby
approves the agreement with Professional Plant Operations, Inc.,
for operations consulting services for the Wastewater Treatment
Plant.
SECTION 2. The Mayor and City Clerk are hereby authorized
to execute said agreement on behalf of the City.
SECTION 3. This Resolution shall take effect immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 4th day of February 1992.
ATTEST:
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PROFESSIONAL PLANT OPERATIONS,, INC.
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, entered into on the day of . 19.22_, by and between
The City of Cape Canaveral a Florida Municipality.
hereinafter called "Client". and PROFESSIONAL PLANT OPERATIONS, INC., a Florida
Corporation, hereinafter called "PPO ", is as follows:
The Client engages PPO to perform professional services for a project known and described as:
Wastewater Plant Operation s'Consul tin g_Services
hereinafter called the "Project ". The Client and PPO, for mutual consideration hereinafter set
forth, agree as follows:
A. PPO agrees to provide and perform; certain professional services for Client upon the
Project as follows:
See Attachment "A"
B. Period in which services are to be rendered:This contract shall commence on the effec-
tive date of the contract and continue for an indefinite period. This contract is deemed
a continuing contact per the provisions of Section 787 -055. -Florida Statutes.
C. Client's responsibility shall be as follows:
See Attachment "B"
D. Client agrees to pay.PPO as compensation for its services as follows:
See Attachment "C".
IN WITNESS WHEREOF, the parties hereto.. haveaccepted, made and executed, ,this agree -
ment upon the terms, conditions, and provisions above stated, and on the reverse side hereof,
the.day and year first above written.
Professional Plant Operations, Inc.
(PPO)
By:'
Raymond E. Hanson, P.E.
Title: Vice President /General Manager
Date•
City of Cape Canaveral
(C ' nt)
(2&LA C40
Title: Mayor
Date: February 4, 1992
80192 P1
The Client and PPO agree that the following provi-
sions shall be part of their agreement.
1. Neither the Client nor PPO shall assign its interest
in this a_ greement without the written consent of the
other.
2. All agreements on PPO's part are contingent upon,
and shall not be responsible for damages or be in
default or be deemed to be in default by reason of,
delays in,performance by reason of strikes, lock -outs,
accidents, acts of God and other delays unavoidable or
beyond PPO's reasonable control, or due to shortages
or unavailability of labor at established area wage rate
or delays :calls ed by failure of Client or Client's agents
to furnish information or to approve ,or disapprove
PPO's. work or due to late or slow, or faulty
performance by Client, other contractors, or govern-
mental agencies. the performance of whose work is
precedent to or concurrent with the performance of
PPO's work. In the case of the happening of any such
cause of delay, the time of completion shall be ex-
tended accordingly.
3. PPO's liability to the Client for injury or damage to
persons or property arising out of work performed for
the Client and forwhich legal liability may be found to
rest upon PPO, other "than for professional errors and
omissions, will be limited to PPO's general liability
insurance coverage, which PPO maintains in limits of
at least $1,000,000. For any.damage on.account of any
error, omission or other professional negligence PPO's
liability will be limited to a sum not to exceed $50,000
or PPO.'s fee, whichever is greater. In the event that the
Client does notwish 'to limit PPO's professional liabil-
ity sum, PPO will waive this limitationupon the Client
signing and dating this paragraph in the space pro
Aded below. and the Client agrees to' pay for this
waiver an additional consideration of 4% of PPO's
total fee or $400, whichever is greater.
Sig fatu-'I-Iof Client
February 4, 1992
Date
4. Fees and all other charges will,be billed monthly as
the work progresses, and the net amount shall be due
at the time of the billing.
5. Interest of 1 -1/2% per month (but not exceeding the
maximum rate allowable by law) will be payable on
any amounts not paid within 30 days of the billing .
date, payment thereafter to be applied first to accrued
interest and then to the principal unpaid amount.
6. In the event all or any portion of the work prepared
or partially prepared by PPO is suspended, abandoned,
or terminated, the Client shall pay PPO for the. work
performed on any hourly basis, not to exceed any
maximum contract amount specified herein.
7. In the performance of its professional services, PPO
will use that degree of care and skill ordinarily exer-
cised under similar conditions in similar localities and
no other warranties, express or implied, are made or
intended in any of PPO's proposals, contracts or re-
ports.
8. In the event Client fails to pay PPO within sixty (60)
days after invoices are rendered, then Client agrees
PPO shall have the right to consider said default a total
breach of this agreement and the duties.of PPO under
this agreement terminated upon rive (5) days written
notice. This agreement may be terminated by either
Client or PPO upon thirty (30) days written notice in
the event of substantial failure of the other party to
perform in accordance with the terms of this agree-
ment. Client expressly agrees to hold PPO harmless
from any liability arising out of PPO's termination of
its services hereunder due to Client's failure,to per-
form and /or pay in accordance with the provisions of
this agreement. In the event of termination of this:
agreement, Client shall then promptly pay PPO for all
of the fees, charges and services performed by PPO in
accordance with the compensation arrangements un-
der this agreement or on an agreed hourly basis.
9. This Contract may be terminated by the Client with
or without cause upon 60 days written: notice to PPO.
PPO shall be paid forservices, rendered to the Client's
satisfaction through the date of termination to include
PPO's expected profits. After receipt of a Termination
Notice and except as otherwise directed by the Client,
PPO; shall stop work on , the: date and ,'to the extent
specified-and terminate and settle allorders and sub-
contracts relating to'the performance of the terminated
work. PPO shall be paid for services actually rendered
to the date of termination. .
10. Should any-provision herein be found or deemed
to be invalid,.this agreement shall be construed as not
containing such provision, and all other provisions
which are otherwise lawful shall remain in full force
and effect, and to this end the provisions 'of this
agreement are declared to be severable.
11. Services provided within this agreement are for-
the exclusive use of the Client.
12. There are no understandings or agreements except
as herein expressly stated.
80192 P1
ATTACHMENT "A"
CITY OF CAPE CANAVERAL.
OPERATIONS CONSULTING SERVICES
SCOPE OF SERVICES,
Task 1 - Review DER and NPDES Reports
a. Review reports on a monthly basis
b. Provide notification to City of parameters which are not in
compliance and recommend course of,conective or remedial action
Task 2 - Review Plant Operating Summary Monthly.
a. Review Plant Operating Summary Monthly
b. Provide notification to City of operating trends which may potentially
result in non - compliance with permitting agencies and recommend .
course of corrective or remedial action
Task 3 Review Plant Operations Procedures
a. Visit plant site on a quarterly basis to review operation procedures
b. Prepare summary report of review with recommendations
Task 4 - Provide Telephone Support to Plant Staff .
a. Provide assistance to plant staff as requested via telephone up to one
hour per month
Task 5 - Present Annual Report ' of Wastewater Plant Operations Status
to Council
a. Prepare annual Summary of plant operating. data for presentation to
City Council
ATTACHMENT "R"
CITY OF CAPE CANAVERAL
OPERATIONS CONSULTING SERVICES
CLIENT'S RESPONSIBILITIES.
1.. Provide copies of DER and NPDES reports monthly.
2. Provide copies of operating data on PPO forms as requested.
3. Allow PPO inspection of Wastewater Treatment Facility as required.
4. Provide operating data as requested.
ATTACHMENT "C"
CITY OF CAPE CANAVERAL
OPERATIONS CONSULTING, SERVICES
COMPENSATION
1. Compensation for professional, services for the work items included in this contract
shall be paid on a lump sum basis in the amount of $4,200.00. PPO shalt invoice the
City monthly in proportion to the work completed during each billing period as a
percentage of the lump sum fee.
Any additional operations related services would be provided by PPO on an actual cost
basis at the following rates:
General Manager $75.00 I
Senior Operations Specialist $50.00..
Operations Specialist - $35.00
Clerical. $25.00