HomeMy WebLinkAboutOMI - 2003 Agreement - Amendment No. 09AMENDMENT NO.9
TO THE
AGREEMENT FOR OPERATIONS, MAINTENANCE, AND MANAGEMENT SERVICES
FOR THE GAVILAN COLLEGE PUMP STATION FOR THE CITY OF GILROY
This is Amendment No. 9 ( "Amendment ") to the Agreement for Operations, Maintenance and
Management Services for the Gavilan College Pump Station for the City of Gilroy entered into on July 3,
2003, (the "Agreement') and is made on the date of signature by the City of Gilroy (set forth below) to be
effective July 1, 2012 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 9189 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 $17,942.80 during the period encompassing July 1, 2012 to June 30, 2013.
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. 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 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 or 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 representative 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.
� akiLl
Name: Natalie L. El&6dge
Title: Vice President
Date: ;--
Approved as to Form:
Name: Linda A. Callon
Title: City Attorney
Date: f
CITY OF GILROY
Name: Thomas J. Haglund
Title: City Ad�nini trator
Date:
ATTEST:
N hawna Freel
Title: Cit r�''�lerk
Date:
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