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HomeMy WebLinkAboutC14-119 Spohnheimer Consulting Airspace Systems FIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND SPOHNHEIMER CONSULTING AIRSPACE SYSTEMS, LLC IS FIRST AMENDMENT ("First Amendment") is effective as of the ) Way of 1( , 2014 by and between Spohnheimer Consulting Airspace Systems, LLC a company organized under the laws of the State of Washington, (hereinafter"Consultant"or "Contractor") and Eagle County, Colorado, a body corporate and politic (hereinafter"County"). RECITALS WHEREAS, County and Consultant entered into an agreement dated the 27th day of August, 2013, for certain Services (the"Original Agreement"); and WHEREAS,the Original Agreement contemplated that Consultant would perform certain Services with compensation in an amount not to exceed$34,050.00; and WHEREAS, the Consultant completed the Services for less than the amount of the Original Agreement; and WHEREAS,the County desires to have Consultant perform additional Services for compensation not to exceed the amount of the Original Agreement as set forth below; and WHEREAS,the term of the Original Agreement expired on the 14th day of January, 2014,and the parties desire to extend the term for an additional year. FIRST AMENDMENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below,the parties agree as follows: 1. The Original Agreement shall be amended to include the additional Services described as follows: provide additional consulting services as needed, to include potential meetings with the Federal Aviation Administration and other officials as necessary, and to explore future opportunities to improve Eagle County Regional Airport's instrument procedures. 2. Prior to commencement of the additional Services, Consultant shall first provide County with a written estimate which shall include an estimate of the hours and any additional costs necessary to perform the additional Services. Each estimate must be approved by the County's Representative prior to commencement of the additional Services by Consultant. Consultant shall charge for its services at an hourly rate of$165.00. The total compensation for the additional Services shall not exceed$3,131.36 or a total maximum compensation under the Original Agreement and this First Amendment of $34,050.00. Consultant shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. Travel expenses will be reimbursed without any additional mark-up thereon and are included in the not to exceed compensation amount set forth herein. 6114' 11/ 3. The term of the Original Agreement is hereby extended to the 14th day of January, 2015. 4. The Original Agreement is hereby amended to include the following paragraph: 14. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. 5. Capitalized terms in this First Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the First Amendment conflict with,modify or supplement portions of the Original Agreement,the terms and provisions contained in this First Amendment shall govern and control the rights and obligations of the parties. 6. Except as expressly altered, modified and changed in this First Amendment,all terms and provisions of the Original Agreement shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. 7. This First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Original Agreement the day and year first above written. [SIGNATURE PAGE TO FOLLOW) 2 COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BO• ' P OF COUN 0 MISSIONERS By: d•/ . Ryan, Chairman Attest: fps By: • Teak J. Simonton, lerk to the : . .r. go oconr, CONSULTANT By: ezeiel ./ ,` , Print Name: L. Nelson Spohnheimer Title: Managing Partner, SCAS LLC 3