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HomeMy WebLinkAboutC16-458 Lewan & Associates IncFIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND LEWAN & ASSOCIATES, INC. THIS FIRST AMENDMENT (“First Amendment”) is effective as of the ______ day of ________________, 2016 by and between Lewan & Associates, Inc., a Colorado corporation (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 22nd day of June, 2016, for certain Services (the “Original Agreement”); and WHEREAS, the Original Agreement contemplated that the Consultant would perform certain Services with compensation in an amount not to exceed $20,000; and WHEREAS, the County desires to have Consultant perform additional On-Call Services for additional compensation as set forth below; and WHEREAS, the term of the Original Agreement expires on the 22nd day of June, 2017 and the parties desire to extend the term of the Original Agreement through December 31, 2017. 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 extend the term to the 31st day of December, 2017. 2. The Original Agreement shall be amended to include additional On-Call Services to be performed in accordance with the provisions and conditions of the Original Agreement. Consultant agrees to provide general IT engineering services to the County on an on-call basis in accordance with a formal proposal, in writing, for each on-call service to be provided by Consultant and approved by County at the hourly rates set forth in Exhibit B to the Original Agreement (“On-Call Services”). 3. The compensation for the additional On-Call Services shall not exceed $20,000 or a total maximum compensation under the Original Agreement and this First Amendment of $40,000. 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, DocuSign Envelope ID: 956616D9-4BCF-4802-9FE9-51FF31F3E5F9     C16-458 2 Eagle County Amendment Ext Term Final 5/14 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] DocuSign Envelope ID: 956616D9-4BCF-4802-9FE9-51FF31F3E5F9 3 Eagle County Amendment Ext Term Final 5/14 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Original Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: ______________________________ Brent McFall, County Manager CONSULTANT: LEWAN & ASSOCIATES, INC. By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: 956616D9-4BCF-4802-9FE9-51FF31F3E5F9