HomeMy WebLinkAboutOMI - 2003 Agreement - Amendment No. 06
AMENDMENT NO.6
TO THE
AGREEMENT FOR OPERATIONS, MAINTENANCE, AND MANAGEMENT SERVICES
FOR THE GA VILAN COLLEGE PUMP STATION FOR THE CITY OF GILROY
This is Amendment No.6 ("Amendment") to the Agreement for Operations, Maintenance and Management
Services for the Gavilan College Pump Station for the City of Gilroy, California, entered into on July 3, 2003, as
amended (the "Agreement"), is made on the date of signature by the City of Gilroy (set forth below) to be effective
July 1,2009 by and between City of Gilroy, whose address for any formal notice is 7351 Rosanna Street, Gilroy,
California 95020 (hereinafter "City"), and Operations Management International, Inc., a corporation organized and
existing under the laws of.the State of California, whose address is 9193 South Jamaica Street, Suite 400,
Englewood, Colorado 80112 and whose address for any formal notice isP. O. Box 6607, Englewood, CO 80155-
6607 (hereinafter "OMI").
NOW THEREFORE, the City and OMI agree to amend the Agreement as follows:
1. Appendix E, Section E.l.l. is deleted in its entirety and is replaced with the following:
E.l.1 Owner shall pay to OMI as compensation for services performed under this Agreement a Base
Fee of $15,942 for the period encompassing July 1, 2009 through June 30, 2010. Subsequent
years' Base Fees shall be determined as hereinafter specified.
2. Appendix E, Section E.l.3 is deleted in its entirety and is replaced with the following:
E.l.3 The total amount OMI shall be required to pay for Repairs Cost shall not exceed the annual
Repairs Limit of One Thousand Eight Hundred Dollars ($1,800). OMI shall provide Owner with
a detailed invoice of Repairs cost over the annual Repairs Limit, and Owner shall pay OMI for all
Repairs in excess of such limit, including parts, labor and outside services, at OMI's cost plus
seventeen and seven tenths percent (17.7%).
3. General Provisions to Amendment.
A.
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This Amendment shall be binding upon and inure to the benefit of the parties hereto and their
successors and assigns.
B.
Except as modified hereby, the terms and provisions of the Agreement shall remain unmodified
and in full force and effect.
c.
Capitalized terms not otherwise defined herein shall have the same meaning as set forth in the
Agreement.
D.
This Amendment 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. In case of any conflict between any term or provision of this Amendment and
any term of provision of the Agreement, the term or provision of this Amendment shall govern.
E.
This Amendment shall be deemed to be made in, and construed in accordance with, the laws of
the State of California. In the event suit is brought by either party hereunder, the Parties agree that
venue for such action shall be vested in the state courts of California in the County of Santa Clara
or in the United States District court in the Northern District of California.
F.
This Amendment may be executed in one or more counterparts, each of which shall be deemed
an original, but all of which when taken together shall constitute one agreement.
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G. Neither this Amendment nor the Agreement may be modified except in writing signed by an
authorized representative of the Parties.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date set forth below.
OPERATIONS MANAGEMENT
INTERNATIONAL, INe.
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Natalie Eldreoge
Vice President
Date: Vii ~{ ocr.
CITY OF GILROY
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City Adminis a r
Date:
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Approved as to Form:
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Linda A. Callon
City Attorney
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