HomeMy WebLinkAboutOMI - 2003 Agreement - Amendment No. 07
AMENDMENT NO.7
TO THE
AGREEMENT FOR OPERATIONS, MAINTENANCE, AND MANAGEMENT SERVICES
FOR THE GAVILAN COLLEGE PUMP STATION FOR THE CITY OF GILROY
This is Amendment No. 7 ("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,
California (set forth below) to be effective July 1, 2010 by and between City of Gilroy, California, 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 is P.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.1.1 is deleted in its entirety and is replaced with the following:
Owner shall pay to OMI as compensation for services performed under this Agreement a Base
Fee of $16,472 during the period encompassing July 1, 2010 to June 30,2011.
2. General Provisions to Amendment.
A. 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. Capitallized 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 wirtten 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.
G. Neither this Amendment nor the Agreement may be modified except in writing signed by
an authorized representateiv of the Parties.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date set forth
below.
OPERATIONS MANAGEMENT
INTERNATIONAL, INC.
CITY OF GILROY
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Name: atalie L. Eldr ge
Title: Vice President and Business Manager
Date: 5/ \lIt b
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Approved as to Form:
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Name: Linda A. Callon
Title: City Attorney
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