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HomeMy WebLinkAboutC18-255 AutoClear LLCTHIRD AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND AUTOCLEAR LLC THIS THIRD AMENDMENT (“Third Amendment”) is effective as of __________________, by and between AutoClear LLC, a New Jersey limited liability company (hereinafter “Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, County and Contractor entered into an agreement dated the 28th day of October, 2015, for certain Services (the “Original Agreement”); and WHEREAS, by a First Amendment dated September 28, 2016, the parties modified the compensation and extended the term of the Original Agreement to October 28, 2017; and WHEREAS, by a Second Amendment dated September 11, 2017, the term of the Original Agreement was extended to October 28, 2018; and WHEREAS, the term of the Original Agreement expires on the 28th day of October, 2018 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. THIRD 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 28th day of October, 2019. 2. The compensation for the Services set forth in Exhibit A3 shall not exceed six thousand dollars ($6,000.00). In the event Contractor and County agree upon the need for additional maintenance or repair services beyond the inspections and services described in Exhibit A3, total compensation under this Agreement shall not exceed twenty five thousand dollars ($25,000.00) without a written amendment to this Agreement. Prior to commencement of any additional Services at any Property or Properties, 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 Services at a particular Property or Properties. Each estimate must be approved by County’s Representative prior to commencement of the Services by Contractor and all rates shall be in accordance with the fee schedule set forth in Exhibit A3. Contractor 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. DocuSign Envelope ID: A52B9D15-3288-4066-B7E1-6E8AAEAD5203 8/31/2018 2 G:\Andy\Contract Final Drafts\AutoClear\3rd\AutoClear.Third Amendment.DRAFT.docx 3. Capitalized terms in this Third Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Third Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this Third Amendment shall govern and control the rights and obligations of the parties. 4. Except as expressly altered, modified and changed in this Third 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. 5. This Third Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. [Rest of Page Intentionally Left Blank] DocuSign Envelope ID: A52B9D15-3288-4066-B7E1-6E8AAEAD5203 3 G:\Andy\Contract Final Drafts\AutoClear\3rd\AutoClear.Third Amendment.DRAFT.docx IN WITNESS WHEREOF, the parties hereto have executed this Third 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: ______________________________ Jeff Shroll, County Manager CONTRACTOR AUTOCLEAR LLC By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: A52B9D15-3288-4066-B7E1-6E8AAEAD5203 Mary Beaman Maintenance Agreement Sales Manager AUTOCLEAR 2 GARDNER ROAD, FAIRFIELD, NEW JERSEY 07004 Tel: 973-276-6000; Fax: 973-276-6166 ANNUAL MAINTENANCE AGREEMENT BILLING ADDRESS: SYSTEM ADDRESS: Eagle County Sheriff Office 0885 E Chambers Ave Eagle, Co 81631 ATTN: Ron Siebert PHONE: 970-328-8881 MODEL AC7555 SERIAL # 120210P#025MESM AGREEMENT PERIOD 10/28/18 – 10/27/19 PLAN PLATINUM PRICE $6000 TOTAL: $6000 THERE ARE 2 PREVENTIVE MAINTENANCE CHECKS WITH RADIATION SURVEY PER YEAR WITH THE PLATINUM LEVEL. TO BE SCHEDULED BY THE ACCOUNT. PLEASE SIGN BELOW AND RETURN WITH PO OR PAYMENT _________________________________________________________________________________ CUSTOMER SIGNATURE POSITION DATE ACCEPTED BY AUTOCLEAR____________________________________ DATE:_______________________ AUTOCLEAR,LLC AGREES TO PROVIDE AND THE CUSTOMER AGREES TO ACCEPT MAINTENANCE AGREEMENT SERVICES ON THE EQUIPMENT LISTED ABOVE TO THE PLAN CHOSEN. THE TERMS & CONDITIONS LISTED SEPARATELY ARE THE SOLE TERMS & CONDITIONS. A3EXHIBIT DocuSign Envelope ID: A52B9D15-3288-4066-B7E1-6E8AAEAD5203