HomeMy WebLinkAboutOMI - 2003 Agreement - Amendment No. 14AMENDMENT NO. 14
TO THE
AGREEMENT FOR OPERATIONS, MAINTENANCE, AND MANAGEMENT SERVICES
FOR THE GAVILAN COLLEGE PUMP STATION FOR THE CITY OF GILROY
This is Amendment No. 14 ("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, 2019 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 for any formal notice is 9189 South Jamaica Street, Suite 400,
Englewood, Colorado 80112 (hereinafter "OMI").
NOW THEREFORE, the City and OMI agree to amend the Agreement as follows:
1. Appendix A, Section A.1, is amended to reflect that the Base Fee will be compensation for any
two (2) years and will be renegotiated every other year.
2. 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 Twenty Seven Thousand Seven Hundred Forty One Dollars ($27,741) for the period of
time commencing on July 1, 2019 and concluding on June 30, 2020 and a Base Fee of Twenty
Nine Thousand One Hundred Twenty Eight Dollars ($29,128) for the period of time commencing
on July 1, 2020 and concluding on June 30, 2021.
3. Appendix E, Section E.1.2 shall be amended to reflect that changes to the Base Fee will be
renegotiated every other year.
4. This Amendment shall be binding upon and inure to the benefit of the parties hereto and their
successors and assigns.
5. Except as modified hereby, the terms and provisions of the Agreement shall remain unmodified
and in full force and effect.
6. Capitalized terms not otherwise defined herein shall have the same meaning as set forth in the
Agreement.
7. This Amendment together with all previously executed amendments to the Agreement and 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.
8. 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.
9. 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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10. 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, INC.
Name: Dennis Burrell
Title: Designated Manager
Date: Mav 16, 2019
Approved as to Form:
Name: Andy Faber
Title: City Attorney
Date:
CITY OF GILROY
Name: Gabriel Gonzalez U�
Title: SCRWWA Manager / City Administrator
Date: F('�) �C>A
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