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HomeMy WebLinkAboutC14-479 D&D Manzanares, Inc. First Amendment FIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND D&D MANZANARES, INC d/b/a SERVICEMASTER COMMERCIAL CLEANING SOLUTIONS THIS FIRST AMENDMENT ("First Amendment") is effective as of the I��day of December, 2014 by and between D&D Manzanares, Inc. a Colorado corporation d/b/a ServiceMaster Commercial Cleaning Solutions (hereinafter"Contractor") and Eagle County, Colorado, a body corporate and politic(hereinafter"County"). RECITALS WHEREAS, County and Contractor entered into an agreement dated the 27th day of December, 2011, for certain Services (the"Original Agreement"); and WHEREAS,the Original Agreement contemplated that the Contractor would perform certain Services with compensation in an amount not to exceed $246,057.00; and WHEREAS, the term of the Original Agreement expires on the 31st day of December, 2014, and the County desires to have Contractor extend the term of Original Agreement and agrees to modify the amount of compensation as set forth below. 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. Exhibit A in the Original Agreement is hereby replaced by Exhibit Al. 2. Paragraph 3.1 of the Original Agreement is hereby replaced and amended to read as follows: "This Agreement shall commence upon execution of this Agreement by both parties, and, subject to the provisions of Article 11 hereof, shall continue in full force and effect until October 31, 2015. This Agreement will renew automatically for two additional one year terms at the rates set forth in Exhibit Al unless earlier terminated as provided herein. Notwithstanding the foregoing, the parties agree to meet in advance of October 31 of each year to determine any adjustments (additions or deletions) in Services to be provided by Contractor. The parties shall memorialize any adjustments and related price increases or decreases in a written amendment signed by both parties." 3. Paragraph 4.1 of the Original Agreement is hereby replaced and amended to read as follows: C14-431 "For the Services to be provided hereunder, County will pay Contractor the amounts provided in Exhibit Al. The maximum compensation for the Services in 2015 shall not exceed two hundred seventy-eight thousand five hundred forty dollars ($278,540). In the event additional services are required, the parties shall mutually agree upon the scope of the additional services the cost of which shall not exceed five thousand dollars ($5,000) without an amendment to this Agreement. The total maximum compensation for 2015 shall not exceed two hundred eighty-three thousand five hundred forty dollars ($283,540)." 4. 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. 5. 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. 6. This First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. [Rest of page intentionally left blank] 2 G:\MAINTENANCE\Service AgreementsUanitorialSevice Master 2015\2015\Service Master First Amendment FINAL.docx IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Original Agreement the day and year first above written. COUN'T'Y OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS l By: i` - si,GF 67----4-i • 'an H. Ryan, Chairman F Attest: j` > 4,�1 Emit? j tp Teak J. Simonton, Clerk to the Board 127`'F —,— vim CONTRACTOR D&D'MANZANARES, INC d/b/a SERVICEMASTER COM F�RCIAL CLEANING SOLUTIONS 1 By: dAAA_ 14 2 ik..0,f"&„_K ' c. Print Name: )ra ;N . N.\ ��: iJ- �,v A-i f- Lk:, `:_ Title: I ' NI I State of �_�_.0:•\ c-,v-( a�_% ) )ss. County of c °.0 '--() ( ' - ) 1 b ' 1 ( < <`vti•14_, - The foregoing instrument was acknowledged before me this - day of by V>,:? \;') Av,: \1._ 1/2 --_ ' _ as \ Y t ;zy c Lto-y I of D& D Manzanares, Inc. d/b/a ServiceMaster Commercial Cleaning Solutions .,1,_ My commission expires: � .--=1 ),:-AL, lr? TA&J-.-...P 1 ���0 r, i •• ; r■ Notary Public �/ / /fc .� �9A OP� r I TU BV_. � . . k,OF C ?\° My Commission Expires 05/21/2016 3 G.AMAINZ FNAN(E AService Agreemenls\IanilorialA Se,Ice Hasler 2015\2015\Service Master Id[si Amendment IdNAI docc is - C rn v r a a g O <,.. CO N v"i H ro n ° e- ,- T N CO to ��. N r . 1D ,_ b O en ,, Q N M M N ,_ N C n M O N 1 E x... O N Y n N 7, ^ 8 100 C 3 ' C g g INO 1,.1 r G O a p tD t'f O 3 N N N W 1. l N O I. O O 0 N t0 N ,. N ' r N tD r, b O a0 N O N M n/ N ,_ N N A .- M O N Aest vp _...:! ril spy � p ti I- O N E. 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