No preview available
HomeMy WebLinkAboutC16-143 Jerry CheneySECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY" COLORADO AND JERRY CHENEY AMENDMENT ("Second Amendment") is effective as of the fuday of ,2016 by and between Jerry Cheney a sole proprietor (hereinafter "Contractor") Eagle County, Colorado, a body corporate and politic (hereinafter "County''). RECITALS WHEREAS, County and Contractor entered into an agreement dated the 4th day of April,2014, for certain Services (the "Original Agreement"); and WHEREAS, by the First Amendment dated March 3ft,2015, the term of the Original Agreement was extended to April 4th,2016; and WHEREAS, the County desires to have Contractor perform Services for additional compensation as set forth below; and WHEREAS, the term of the Original Agreement expires on the 4th day of April, 201 6 and the parties desire to extend the term of the Original Agreement for an additional year on the same terms and conditions as set forth in the Original Agreement. SECOND 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 extend the term to the 4th day of April, 2017. 2. Paragraph 5 of the Original Agreement shall be amended to read as follows: "Compensation. County shall compensate Contractor for the performance of the Services in a sum computed and payable as set forth in Exhibit A-2. Prior to commencement of any additional services at the Property, outside the Scope of Services provided for in Exhibit A of the Original Agreement, Contractor shall first provide County with a written estimate which shall include an estimate of the labor, materials without any mark up and any additional costs necessary to perform the additional services at the Property. Each estimate must be approved by County's Representative prior to commencement of the additional services by Contractor and all rates shall be in accordance with the fee schedule set forth in Exhibit A-2. The performance of the Services provided for in Exhibit A and any additional services allowable under this Agreement shall not exceed sixty five thousand dollars $65,000. Contractor shall be entitled to bill at overtime rates for work done outside of normal business hours in accordance with the fees established in Exhibit A-2. The Corri"rty ltEerne r's Offi ce Eagle CrlUni'y CUi i,ll-ir.:vivrrcrS' OffiC€ C16-143 t. aJ. 4. 5. Parties agree that the Services to be performed by 7:30 a.m. are deemed to occur during normal business hours and shall not be the basis for overtime." Paragraphs 5a-d of the Original Agreement remain unchanged by this Second Amendment and shall remain in full force and effect. Any references to Exhibit A-1 in the Original Agreement are hereby replaced by Exhibit A-2, attached hereto and incorporated herein by reference. Capitalized terms in this Second Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Second Amendment conflict with, modiff or supplement portions of the Original Agreement, the terms and provisions contained in this Second Amendment shall govern and control the rights and obligations of the parties. Except as expressly altered, modified and changed in this Second 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. This Second Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IREST OF PAGE INTENTIONALLY LEFT BLANKJ 2 G:\I\{AINTENANCE\SwiCe Agrements\El Jebel MaintoaceV0l6-2nd AmqdVerry Cheney Seond Amendmdt FINAL.docx 6. 7. lN WITNHSS WIIEREOF, the parlics hcrcto have executcd this Sccond Amcndment 1o thc flriginal Agrccmcnt thc day and year first abovc writtcn" {Irl in!1* COUNTY O}- EAGLE, STATI OT COLORADO. By and'Ihrough lts BOARD Of C0UNTY COMMISSIONERS CON'I'RAC'[OR: JEI{RY CH.LNLY Ilv: Attsst: Ily: Print Titlc:i-':-t",J vt<{ Teak J. Simonton, Clerk tr: the Bonrd l di,M,liN lllAX( l !\.ryi.d Agrwrent.,f l }f&l illir{rnrra'!:Ql6!nd A[Eaf ,tc{,! fk*! se{el AmndRud il}iAl &rr Proposal to Eagle Couoty forMaintenance Services at: El lebel CommunityCenter 0020 EagleCountyRoad El Jebel CO 81623 Jerry Cheney, as an Independent Contactor, prcposes to provide maintcnance sen ices to Eagle County for the El lebil Community Center as outlined in request for proposal, and olher senrices to be defined latcr. Conbactor to provide labor, tools, hansportation and insurance as required at an hourly rate of $50/hr.(includcs labor, insurance and mileage ) material and supptes to be purchased or supplied by Eagle County. Aftcr hours and weekend calls will be billed at a time and half charge. Availability or unavailability for evening and weekend calls will beprovided to Bill Beasley with sufficient notice for other arrangernents to be made I have worked as a sub conhactor for Prince Creek Consbucfion and perfonnd electrical maintenance gnd other services for the Social Security Administration in Glenwood.springs numerous times. I have managed and maintained a personal reotal property in Carbondale the past 2 years. I have no lawsuits, tuc liens or potential claims pending at this time.