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HomeMy WebLinkAboutC21-072 Daly Property ServicesFIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND DALY PROPERTY SERVICES, INC. THIS FIRST AMENDMENT (“First Amendment”) is effective as of _______________, by and between Daly Property Services, Inc, a Colorado 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 19th day of February, 2020, for certain Services (the “Original Agreement”); and WHEREAS, the term of the Original Agreement expires on the 30th day of April, 2021 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. 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 30th day of April, 2022. 2. The services of Work shall be amended to include the mowing of the areas described in Exhibit A.1 which is attached and incorporated herein by reference. 3. County shall compensate Contractor for the performance of the Services in a sum computed and payable as set forth in Exhibit A and Exhibit A.1. The performance of the Services under this Agreement shall not exceed eighteen thousand two hundred twenty five dollars ($18,225.00). In the event Contractor and County agree upon the need for additional services beyond those described in Exhibit A, those services shall be billed at the rates as set forth in Exhibit A. 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 A. Total compensation under this Agreement shall not exceed twenty five thousand ($25,000.00) without a written amendment to this Agreement. Contractor shall not be DocuSign Envelope ID: AAEF8B3D-0C98-413F-9AC2-CBFD01812C7D 3/8/2021 C21-072 2 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 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, 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. 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 CONTRACTOR DALY PROPERTY SERVICES, INC. By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: AAEF8B3D-0C98-413F-9AC2-CBFD01812C7D Will Vannice President A.1Exhibit DocuSign Envelope ID: AAEF8B3D-0C98-413F-9AC2-CBFD01812C7D