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Home My WebLink AboutC19-378 Mountain Top VenturesFIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND MOUNTAIN TOP VENTURES INC. d/b/a SHC NURSERY & LANDSCAPE CO. THIS FIRST AMENDMENT (“First Amendment”) is effective as of________________, by and between Mountain Top Ventures, Inc. d/b/a SHC Nursery & Landscape Co., 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 31st day of October, 2018, for certain Services (the “Original Agreement”); and WHEREAS, the term of the Original Agreement expires on the 31st day of October, 2019 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 and as modified herein. 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 October, 2020. 2.The Work and Compensation as described in 1.d, Exhibit A1.4, and 5.d, Exhibit B1.4 shall be deleted. 3.The Work and Compensation as described in 1.g, Exhibit A1.7, and 5.g, Exhibit B1.7 shall be deleted. 4.The Work and Compensation as described in 1.d, Exhibit A1.2, and 5.b, Exhibit B1.2 shall be replaced with Exhibit A1.2.1 and Exhibit B1.2.1. 5.For the Services to be provided hereunder, County will pay Contractor Twenty One Thousand Nine Hundred Ten and 83/100 Dollars ($21,910.83). In the event Contractor and County agree upon the need for additional services beyond the work described in above, those services shall be billed as set forth in Exhibit “B1.8”. Total compensation under this Agreement shall not exceed Fifty Thousand Dollars ($50,000.00) without a written amendment to this Agreement 6.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: 28EA89D6-E0AC-481C-B47C-0E6502B4636E C19-378 2 G:\Shared drives\ATT Department\Andy\Contract Final Drafts\Mountain Top Ventures\Facilities\Facilities - Snow Removal\1st\SHC.First Amendment.DRAFT.docx the terms and provisions contained in this First Amendment shall govern and control the rights and obligations of the parties. 7. 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. 8. This First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. 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: ______________________________ Jeff Shroll, County Manager CONSULTANT MOUNTAIN TOP VENTURES INC. d/b/a SHC NURSERY & LANDSCAPE CO. By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: 28EA89D6-E0AC-481C-B47C-0E6502B4636E A1.2.1 EXHIBIT DocuSign Envelope ID: 28EA89D6-E0AC-481C-B47C-0E6502B4636E 9916B Chambers Ave PO Box 2049 Eagle, CO 81631-2049 Office (970) 328-5484 fax (970) 328-5485 pg. 5 Exhibit A – Scope of Work 1. Location(s) specified by Owner for snow clearance: Address(es):Miller Ranch Community Center, Bike Path along Miller Ranch, Edwards (a) Check all that apply: Snow Plow XX Shovel Other (describe) (b) A plow service shall begin with snow fall of 1 inch precipitation on service areas. (c) NEW – If it snows on Christmas Day or New Year’s Day, we will be out the following day to cleanup. If you require snow removal on Christmas Day or New Year’s Day, there will be an additional charge. 2. Any alteration or deviation from the specifications in this Scope of Work will be executed only upon written authorization of the Owner or the Owner’s authorized agent and shall become an extra fee mutually agreed upon between Owner and SHC in advance of such extra work. 3. When SHC is called to clear snow due to: a. Drifting b. County and/or town plows pushing snow into your service area c. Any time other than a snow fall The Owner will be charged a minimal extra charge to clear the service area. Generally this will be on a time and material basis (please see rate sheet). 4. SHC can provide services for marking curbs, sidewalks, lawn, landscaping, sprinkler and trees, shrubs and fences and any other owner designated items in owner designated snow dump areas. Initials of Owner $2,017.00 DocuSign Envelope ID: 28EA89D6-E0AC-481C-B47C-0E6502B4636E 9916B Chambers Ave PO Box 2049 Eagle, CO 81631-2049 Office (970) 328-5484 fax (970) 328-5485 pg. 7 Addendum – 2 year Rate Compensation – Year 1 - 2020/2021 x Owner/Agent shall pay SHC for plowing services $2,057.34 x Owner/Agent shall pay SHC for shoveling services $- Compensation – Year 2 – 2021/2022 x Owner/Agent shall pay SHC for plowing services $2,098.49 x Owner/Agent shall pay SHC for shoveling services $- DocuSign Envelope ID: 28EA89D6-E0AC-481C-B47C-0E6502B4636E