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Home My WebLink About72-09 RESOLUTIONRESOLUTION NO. 72-09 A RESOLUTION APPROVING AMENDMENT NUMBER 16A TO THE CONTRACT WITH OPERATIONS MANAGEMENT INTERNATIONAL (OMI) IN THE AMOUNT OF $61,819.73 FOR OPERATIONAL EXPENSES INCURRED AS A DIRECT RESULT OF THE JANUARY 2009 ICE STORM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves Amendment No. 16A to the contract with Operations Management International (OMI) in the amount of $61,819.73 for operational expenses incurred as a direct result of the January 2009 Ice Storm. A copy of Amendment No. 16A, marked Exhibit "A" is attached hereto, and made a part hereof. PASSED and APPROVED this 7th day of April, 2009. APPROVED: ATTEST: By:O-tai,.„ S NDRA E. SMITH, City Clerk/Treasurer o``‘VRK/TR"'''t, �oc',\ '• Fqs, % •'\ TY G°; • FAY ETT EVILLE; • V,.QkANSPSJ�iS ``•• ',;,'GTON%``� 0 48 AMENDMENT NO. 16 (A) TO THE AGREEMENT FOR OPERATIONS, MAINTENANCE AND MANAGEMENT SERVICES FOR THE CITY OF FAYETTEVILLE, ARKANSAS WASTEWATER TREATMENT PLANTS THIS AMENDMENT NO. 16(A) to the Agreement for Operations, Maintenance and Management Services for the City of Fayetteville, Arkansas Wastewater Treatment Plant dated September 1, 1994 (the "Agreement") is made effective this 14 day ofc 2009, by and between the City of Fayetteville, Arkansas, whose address for any fonnal notice is 113 W. Mountain St, Fayetteville, Arkansas 72701 (hereinafter "the City") and Operations Management International, Inc., with offices at 9193 S. Jamaica Street, Suite 400, Englewood, Colorado 80112 (hereinafter "OMI"). NOW THEREFORE, The City of Fayetteville and OMI agree to amend the Agreement as follows: 1. Recent ice storms dunng 2009 required out -of -scope services by OMI relating to emergency response efforts. Washington County was declared a disaster area and became eligible for FEMA assistance. Fayetteville included the out -of -scope expenses incurred by OMI as a result of the ice storms in its claims, receiving a portion of this amount in direct federal and state reimbursement. 2. Fayetteville must amend the 2009 contract to reflect the costs incurred by OMI and properly distribute the FEMA funds to the cost center incurring the losses. Accordingly, the fee paid to OMI for calendar year 2009 shall be increased by $61,819.73 to account for the impacts of the ice storm emergency that occurred during 2009 and to correct the contract values for the costs approved and reimbursed by the Federal Emergency Management Agency (FEMA) relating to OMI's emergency and recovery costs. The fee increase reflects FEMA's eligible cost determination of sixty one thousand eight hundred nineteen two dollars and seventy three cents ($61,819.73) 3. Such funds will be paid to OMI by the City of Fayetteville no later than December 31, 2009. This Amendment No. 16(A), together with the Agreement constitutes the entire agreement between the Parties and supersedes all prior oral and written understandings with respect to the subject matter set forth herein. Unless specifically stated all other terms and conditions of the Page 1 of 2 Agreement shall remain in full force and effect. Neither this Amendment nor the Agreement may be modified except in writing signed by an authorized representative of the Parties. The Parties, intending to be legally bound, indicate their approval of the Amendment by their signatures below. OPERATIONS MANAGEMENT INTERNATIONAL, INC. L,Na to-EI� 06 V u..P� Date: 5/2`i 109 CITY OF FAYETTEVILLE re tala ioneld Jordaier Mayor Date: ATTEST: AAA) et- Sondra Smith City Clerk Date: Page 2 of 2 �d`'�FiFVTI ttttt''% Y • =U• ••fit :FAYETTEVILLE: er 41,,:t 44 0.20d7 acz.= q:QKANSP�J÷ . • p n�GTON %%%%% umno David Jurgens Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 7 -Apr -09 City Council Meeting Date Agenda Items Only Water/Wastewater Division Action Required: y 17 09 /'M / anuinAmil No, 44 Water/Wastewater Department Resolution approving Amendment Number 16A for $61,819.73 with Operations Management International, Inc. for operational expenses incurred as a direct result of the January, 2009 ice storm. 61,819.73 Cost of this request 5400.5100.5328.00 Account Number 09009 Project Number Budgeted Item XX $ Category / Project Budget Funds Used to Date Remaining Balance Budget Adjustment Attached Water/Wastewater Program Category / Project Name Wastewater Treatment Program / Project Category Name Water and Sewer Fund Name (L Depa i nt Dir to ate • rCiry Attorney / Vate V 1/4- q fLj 3 - 2S-05 Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: 94-94 8/1/1994 412 SERFO Received in City Clerk's Office Comments: Revised January 15, 2009 CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Marr, Chief of Staff From: David Jurgens, Public Utilities Director Date: 24 March, 2009 City Council Meeting of April 7, 2009 Subject: Approval of Amendment Number 16A for $61,819.73 with Operations Management International, Inc. for operational expenses incurred as a direct result of the January, 2009 ice storm. RECOMMENDATION Fayetteville City Administration recommends approval of Amendment Number 16A for $61,819.73 with Operations Management International, Inc. for operational expenses incurred as a direct result of the January, 2009 ice storm. BACKGROUND OMI performed emergency operations during the ice storm, incurring emergency and unanticipated expenses, and also operated the debris disposal site at the West Side Wastewater Treatment Plant until the operation was tumed over to the debris collection contractor. DISCUSSION In order to obtain FEMA reimbursement, these activities and the related expenses must be detailed from OMI identifying the actual costs of the work. This must be approved by the City Council in a separate resolution from the normal wastewater operations contract. This amendment follows the exact format used in the previous flooding whereby the City was reimbursed by FEMA. It does not include facilities damage, which was submitted as an insurance claim and will be considered part of the normal operations contract with no changes required. This amendment only includes items deemed by pre -submission review to be FEMA reimbursable. BUDGET IMPACT These expenses shall be reimbursed at the same rates as other ice storm reimbursements. OMI Amendment No 17 -Ice Storm CC Memo Mar09 Actual.doc RESOLUTION NO. A RESOLUTION APPROVING AMENDMENT NUMBER 16A TO THE CONTRACT WITH OPERATIONS MANAGEMENT INTERNATIONAL (OMI) IN THE AMOUNT OF $61,819.73 FOR OPERATIONAL EXPENSES INCURRED AS A DIRECT RESULT OF THE JANUARY 2009 ICE STORM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves Amendment No. 16A to the contract with Operations Management International (OMI) in the amount of $61,819.73 for operational expenses incurred as a direct result of the January 2009 Ice Storm. A copy of Amendment No. 16A, marked Exhibit "A" is attached hereto, and made a part hereof. PASSED and APPROVED this 7th day of April, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer AMENDMENT NO. 16 (A) TO THE AGREEMENT FOR OPERATIONS, MAINTENANCE AND MANAGEMENT SERVICES FOR THE CITY OF FAYETTEVILLE, ARKANSAS WASTEWATER TREATMENT PLANTS THIS AMENDMENT NO. 16(A) to the Agreement for Operations, Maintenance and Management Services for the City of Fayetteville, Arkansas Wastewater Treatment Plant dated September 1, 1994 (the "Agreement") is made effective this'144 day of April , 2009, by and between the City of Fayetteville, Arkansas, whose address for any formal notice is 113 W. Mountain St, Fayetteville, Arkansas 72701 (hereinafter "the City") and Operations Management International, Inc , with offices at 9193 S. Jamaica Street, Suite 400, Englewood, Colorado 80112 (hereinafter "OMI"). NOW THEREFORE, The City of Fayetteville and OMI agree to amend the Agreement as follows: 1. Recent ice storms during 2009 required out -of -scope services by OMI relating to emergency response efforts. Washington County was declared a disaster area and became eligible for FEMA assistance. Fayetteville included the out -of -scope expenses incurred by OMI as a result of the ice storms in its claims, receiving a portion of this amount in direct federal and state reimbursement. 2. Fayetteville must amend the 2009 contract to reflect the costs incurred by OMI and properly distribute the FEMA funds to the cost center incurring the losses. Accordingly, the fee paid to OMI for calendar year 2009 shall be increased by $61,819.73 to account for the impacts of the ice storm emergency that occurred during 2009 and to correct the contract values for the costs approved and reimbursed by the Federal Emergency Management Agency (FEMA) relating to OMI's emergency and recovery costs. The fee increase reflects FEMA's eligible cost determination of sixty one thousand eight hundred nineteen iwadollars and seventy three cents ($61,819.73). 1,10 3. Such funds will be paid to OMI by the City of Fayetteville no later than December 31, 2009. This Amendment No. 1 6(A), together with the Agreement constitutes the entire agreement between the Parties and supersedes all prior oral and written understandings with respect to the subject matter set forth herein. Unless specifically stated all other terms and conditions of the Page 1 of 2 Agreement shall remain in full force and effect. Neither this Amendment nor the Agreement may be modified except in writing signed by an authorized representative of the Parties. The Parties, intending to be legally bound, indicate their approval of the Amendment by their signatures below. OPERATIONS MANAGEMENT CITY OF FAYETTEVILLE INTERNATIONAL, INC. Date: Lioneld Jordan Mayor Date: ATTEST: Sondra Smith City Clerk Date: Page 2 of 2 Fayetteville Ice Storm Expenses Summary Project Manager Raw Cost Project Currency TRAN, DUYEN T Project Number Type2 351227 Protect Description CITY OF FAYETTEVILLE LABOR -SITE $37,966.23 Task Name EQUIPMENT -SUPPLIES 2009 ICE STORM RENTAL -MISCELLANEOUS $663.25 CY21 Task $9,032.47 21.WW IC.00 Sum of Raw Cost Project Currency Expenditure Type2 Expenditure Type Total Direct Labor LABOR -SITE $37,966.23 Direct Expense EQUIPMENT -SUPPLIES $4,727.65 RENTAL -MISCELLANEOUS $663.25 TEMPORARY HELP AGENCY $9,032.47 Grand Total $52,389.60 18% Markup $9,430.13 Total Invoice for 21.W W.IC.00 $61,819.73 I1' Clarice Pearman - Res. 72-09 From: To: Date: Subject: CC: Attachments: Clarice Pearman Jurgens, David 4.13.09 4:31 PM Res. 72-09 Audit Audit Page 1 of 1 David: Attached is a copy of your agenda item passed by City Council regarding OMI Amendment No. 16A. Nguyen pick up one of two signed agreements. Please let me know if there is anything else needed for this item. Have a good day. Clarice Clarice Buffalohead-Pearman, CMC, CAMC City Clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 cpearman@cilayetteville.ar.us file://C:\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\49E368D0F... 4.13.09