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HomeMy WebLinkAboutC20-105 Aquatics AssociatesTHIRD AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND AQUATICS ASSOCIATES, INC. THIS THIRD AMENDMENT (“Third Amendment”) is effective as of ___________________, by and between Aquatics 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 7th day of March, 2017for certain Services (the “Original Agreement”); and WHEREAS, by a First Amendment dated January 30th, 2018 the Service rates were modified and term of the Original Agreement was extended to March 7th, 2019; and WHEREAS, by a Second Amendment dated February 4th, 2019 the Service rates were modified and term of the Original Agreement was extended to March 7th, 2020; and WHEREAS, the term of the Original Agreement expires on the 7th day of March, 2020 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 30th day of April, 2021. 2.The compensation for the performance of the Services will be increased to not to exceed eight thousand four hundred ($8,800.00). The cost break down is $5,900.00 for the Freedom Park Pond and $2,900.00 for the Eagle River Preserve Pond. 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. DocuSign Envelope ID: 8BF72866-25A7-4F4B-B8CE-34014197DB8B 3/19/2020 C20-105 2 G:\Shared drives\ATT Department\Andy\Contract Final Drafts\Aquatics Associates\3rd\Aquatics Associates.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 CONSULTANT AQUATICS ASSOCIATES, INC. By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: 8BF72866-25A7-4F4B-B8CE-34014197DB8B President Tami Schneck