Resolution #16-33: Amendment to the 2016 VTMUA Licensed Operator Contract

Date of Adoption: April 21, 2016

THIS AGREEMENT made this on the 21st day of April 2016 and replaces the February 21, 2016 agreement by and between the Vernon Township Municipal Utilities Authority and Michael Furrey of the firm of AGRA Environmental & Laboratory Services Inc.;

WHEREAS, the VTMUA has appointed Michael Furrey for MUA sanitary sewer oversight for a period of one year through February, 2017; and

WHEREAS, Michael Furrey has accepted the appointment for oversight of the VTMUA sanitary sewer; and

WHEREAS, the VTMUA wish to retain his services on an annual retainer and to provide for the services of his firm, Agra Environmental & Laboratory Services, for oversight of the VTMUA sanitary sewer system; and

WHEREAS, this agreement represents a modification to the terms of the Resolution 16-19 adopted on February 18, 2016, as both parties feel that the duties of the licensed operator have to change to reflect maturation of the VTMUA and its field staff.

WHEREAS, the parties hereto wish to incorporate their agreement in writing;

NOW, THEREFORE, the parties hereto agree as follows:

  1. The licensed operator will work under the general supervision of the executive director, who is the direct agent of the board. The licensed operator will hold a valid C-2 or higher license and will immediately file with the NJDEP as the “Licensed Operator of Record” and provide the VTMUA executive director with a copy of same. Furthermore, the licensed operator will maintain an in force insurance policy, a copy of which is to be given to the VTMUA. Should at any time or for any reason there be a lapse in the licensed operator’s license or insurance policy he or she must make it known to the executive director.
  2. The licensed operator will exercise considerable judgement as to work methods and standard operational procedures (in the form of an operations manual) to meet changing conditions. After establishing such methods and procedures the licensed operator will review them annually and present changes to the executive director and the board that are required to meet changing conditions and receive approval to implement.
  3. The licensed operator is expected to maintain good communications with the VTMUA, the NJDEP, the county and SCMUA.
  4. On a quarterly basis starting with June, 2016 the licensed operator is expected to attend the board meeting and report on the state of the Vernon sewer collection system, its plants, pump stations and equipment.
  5. Annually the licensed operator at budget time is responsible for identifying any capital items to be considered by the board.
  6. Responsible for the oversight of the VTMUA sewer collection system operation, the housekeeping and normal routine maintenance programs of the VTMUA (maintenance of the sewer system, its buildings and grounds, equipment, pump stations, lift stations, chemical pump and lines). Ensuring that the collection system meets all NJDEP regulations and immediately advise the executive director whenever regulations are not met.
  7. The licensed operator will be responsible for filling out all required state (NJDEP) and federal forms as it pertains to the operation of the Vernon collection system. The licensed operator will copy the board’s executive director on all such filings. In addition, the licensed operator will be responsible for handling all NJDEP correspondence and NJDEP enforcement inspection compliance reports. The licensed operator will coordinate all NJDEP inspections as well.
  8. Bi-monthly visits to each pump station and lift station to ensure they are:
    1. in good working order
    2. that the operations logs are appropriately being filled out
    3. check to see that routine maintenance is being performed at all facilities
    4. monthly reports are to be prepared by the licensed operator and submitted to the executive director covering the above applicable items
  9. Update and implement the authority’s safety program.
  10. Recommend to the VTMUA the training needs of the staff and assist in seeing that training is conducted.
  11. The licensed operator will, after the fact, review actions taken by field staff in responding to emergencies and spills in order to improve methods, procedures and actions taken going forward, if necessary, thereby ensuring going forward that the proper procedures are in place to handle all occurrences appropriately, that proper remedies are applied and appropriate reporting to the NJDEP takes place.

NOW, THEREFORE, the parties agree that:

The Vernon Township Municipal Utilities Authority retains the services of Michael Furrey of the firm AGRA Environmental & Laboratory Services Inc., for oversight of the VTMUA sanitary sewer for the year 2016 at a monthly retainer of (one thousand nine hundred fifty (1,950.00) dollars per month. Said retainer shall cover the scope of services stated above and consume a minimum of at least 15 hours a month on average. The licensed operator is expected to keep a log of their activities and submit it monthly to the executive director.

  1. The aforesaid retainer shall not include litigation or any action in any court or before any federal or state agency.
  2. The aforesaid retainer shall not include any matter which is customarily billed to a third party or paid by an escrow account.
  3. Political Contribution Disclosure. This contract has been awarded to AGRA Environmental & Laboratory Services Inc. based on the merits and abilities of AGRA Environmental & Laboratory Services Inc. to provide the goods or services as described herein. This contract was not awarded through a “fair and open process” pursuant to N.J.S.A. 19:44A-20.4 et seq. As such, the undersigned does hereby attest that AGRA Environmental & Laboratory Services Inc., its subsidiaries, assigns or principals controlling in excess of 10% of the company has neither made a contribution, that is reportable pursuant to the Election Law Enforcement Commission pursuant of N.J.S.A. 19:44A-8 or 19:44A-16, in the one (1) year period preceding the award of the contract that would, pursuant to P.L. 2004, c.19, affect its eligibility to perform this contract, nor will it make a reportable contribution during the term of the contract to any political party committee in the township of if a member of that political party is serving in an elective public office of that township when the contract is awarded, or to any candidate committee of any person serving in an elective public office of that township when the contract is awarded.