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HomeMy WebLinkAboutC19-287 Cummins Rocky MountainSECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND CUMMINS INC. THIS SECOND AMENDMENT (“Second Amendment”) is effective as of ________________, by and between Cummins Inc. an Indiana corporation (hereinafter “Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, County and Contractor entered into an agreement dated the 10th day of October, 2017, for certain Services (the “Original Agreement”); and WHEREAS, by a First Amendment dated September 4th, 2018 the term of the Original Agreement was extended to October 10th, 2019 and; WHEREAS, the term of the Original Agreement expires on the 10th day of October, 2019 and the parties desire to extend the term of the Original Agreement for an additional year. 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 10th day of October, 2020. 2. The compensation for the Services set forth in Exhibit A2 shall not exceed two thousand five hundred ninety eight and 50/100 dollars ($2,694.50). In the event Contractor and County agree upon the need for additional maintenance or repair services beyond the services described in Exhibit A1, those services shall be billed at a rate as described in Exhibit A1, plus material costs. Total compensation under this Agreement shall not exceed five thousand five hundred ninety eight dollars ($5,700.00) without a written amendment to this Agreement. 3. 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, modify 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. 4. 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. DocuSign Envelope ID: 43B003BB-C375-48EE-B469-6A443D3495A9 8/26/2019 2 Cummins Rocky Mountain.Second Amendment.DRAFT.docx 5. This Second Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Second 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 CUMMINS INC. By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: 43B003BB-C375-48EE-B469-6A443D3495A9 PM Sales and Service Advisor Matthew Harlow EAGLE COUNTY FACILITIES 73045 PO BOX 850 Eagle, CO 81631 05-AUG-19 Melissa L Guillen 1 Year(s) 970 4711768 EAGLE COUNTY FLEET MNTC 0020 EAGLE COUNTY DR 3289 COOLEY MESA ROAD 1 2 EL JEBEL GYPSUM 81623 81637 CO CO 1 2 GENERATOR L080226491 ONAN ONAN GEN SET GEN SET H090024012 L080226491 ST ST 1 2 GENERATOR L080226491 FULL SERVICE INSPECTION FULL SERVICE INSPECTION 1 1 1 1 QUOTED PRICING IS BASED ON WEEKDAYS DURING NORMAL BUSINESS HOURS. LABOR RATE FOR REPAIRS DURING NORMAL BUSINESS HOURS IS $110.00 AND MILEAGE IS $2.50 PER MILE. AGREEMENT TERMS: 10/1/2019 - 9/30/2020 **QUOTE DOES NOT INCLUDE TAX IF ANY OR APPLICABLE. 719.00 544.00 859.00 572.50 719.00 544.00 859.00 572.50 25GGMB 125 GGLA Glen Padgett $2,694.50 $2,694.50 466350 05-AUG-20 THERE ARE ADDITIONAL CONTRACT TERMS AND CONDITIONS ON THE REVERSE SIDE OF THIS DOCUMENT, INCLUDING LIMITATIONS OF WARRANTIES AND LIABILITY, WHICH ARE EXPRESSLY INCORPORATED HEREIN. CUSTOMER ACKNOWLEDGES THAT THE CONTRACT TERMS AND CONDITIONS HAVE BEEN READ, FULLY UNDERSTOOD, AND ACCEPTED. GRAND JUNCTION CO BRANCH 731 SCARLET DR GRAND JUNCTION, CO 81505 Phone: 970-242-5776 Contact: Phone: Fax: Cust Id: Quote Date: Quote Expires: Quote Num: Quoted By: Quote Term: Site Information Site Unit Number Manufacturer Model Prod Model Serial Number Type Site Unit Number Service Event Qty Sell Price Extended Price Standard Agreement Amount Proposal Total Customer ContactCustomer Address Quote Information PLANNED MAINTENANCE AGREEMENT DocuSign Envelope ID: 43B003BB-C375-48EE-B469-6A443D3495A9 EAGLE COUNTY FACILITIES 73045 PO BOX 850 Eagle, CO 81631 05-AUG-19 Melissa L Guillen 1 Year(s) 970 4711768 Signature: Date: Signature: Date: Glen Padgett CUMMINS INC 466350 05-AUG-20 Contact: Phone: Fax: Cust Id: Quote Date: Quote Expires: Quote Num: Quoted By: Quote Term: Customer Approval Customer ContactCustomer Address Quote Information PLANNED MAINTENANCE AGREEMENT A2EXHIBIT DocuSign Envelope ID: 43B003BB-C375-48EE-B469-6A443D3495A9