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1529RESOLUTION NO. ~5ag A RESOLUTION TO APPROVE AMENDMENT NO. 7 TO THE AGREEMENT FOR OPERATIONS, MAINTENANCE AND MANAGEMENT SERVICES FOR THE CITY OF WEST MEMPHIS, ARKANSAS. WHEREAS, the West Memphis Utility Commission and Operations Management International, Inc., (OMI) have negotiated terms for the eighth year of the agreement for services to be provided to the City of West Memphis and the West Memphis Utility Commission by OMI; and WHEREAS, the negotiated terms for the eighth year of the agreement are set out in Amendment No. 7 to the Agreement for Operations, Maintenance and Management Services for the City of West Memphis, Arkansas, a copy of which is attached hereto; and WHEREAS, the West Memphis Utility Commission has reviewed and approved this amendment and recommended that it be approved by the West Memphis City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, THAT Amendment No. 7 to the Agreement for Operations, Maintenance and Management Services for the City of West Memphis, Arkansas, is hereby approved and the Mayor is hereby authorized to execute said amendment on behalf of the City of West Memphis. G ADOPTED this day of , 1997. AL BOALS, MAYOR RECEIVED CITY CLERK OFFICE DATE ~ Q''? C~ : OoZQN.~ APR-11-97 FRI 151 PM CITY OF W.MPHS UTILITY FAX N0. 501 732 7623 P, 2 AMENDMENT N0.7 to the AGREEMENT FOR OPERATIONS, MAiNTENAN(:E AND MANAGEMENT SERVICES for THE (:ITY OF WEST MEMPHIS, ARKANSAS This amendment is made and entered into the day of ,1997 by the West Memphis 1Jtilities Commission (hereinafter "Owner") and Operations Management International, inc. (hereinafter "OMI"). whose address for formal notice is 5299 DTC Boulevard, Suite 1200, Denver, Colorado 80111-3333. This Amendment No. 7 to the Agreement dated of May 1990, between Owner and OMI. NOW 1'NEREFORE, Owner and OMI agree to amend the Agreement as follows: 1. Artie#e 4.1 is hereby deleted in its entirety and replaced with the following Article 4.1. 4.1 Owner shall pay to OMI as compensation for serves performed under this Agreement a base fee of Five Hundred Nifty Five Thousand One Hundred and Thirty Two nollars and Forty-nine Cents ($555,132.49) for the eighth year of this Agreement. Subsequent years' base fees shall be determined as hereinafter specified. 2. Article 2.10 is bereby deleted in its entirety and replaced with the fotlawiag Article 2.10 2.10 Provide, at the cost of OMI, for the disposal of screenings and grit so long as the products to be disposed of meet State and Federal guidelines as tong as there !s an approved site willing to accept said products within fifteen (15) miles each way of the project. Cods for the disposal of sludge that does not meet State and Federal guidelines shall be paid in accordance with Article 2.14. to the event the city requires OMi to reassume payment for sludge disposal costs, the agreement would be amended to include a prorated cost for the remainder of the contract year as dictated by local transport and disposal companies. All other terms and conditions remain in effect in accordance with the Agreement referenced in this Addendum. APR-11-97 FRI 151 PM CITY OF W,MPHS UTILITY FAX N0. 501 732 7623 P. 3 Both parties indicate their approve! of this Agreement by their signatures below. Authorized signature: Bernard A. Miller Title: Chief Uperatiag Officer OPI~;RATIONS MANAGF.Mk;NT IN'I'ERNA"1'IONAIy 1NC. Authorized signature: AI Boals Title: Mayor ~„ Date: Dan Cra1ti Title: City Clerk CITY of WEST MEMPHIS, ARKANSAS Date: