HomeMy WebLinkAboutC21-325 Daly Property Services, IncDocuSign Envelope ID: 700F51C0-E560-42B9-A266-D5BC6E79464B
THIRD AMENDMENT TO AGREEMENT BETWEEN
EAGLE COUNTY, COLORADO
AND
DALY PROPERTY SERVICES, INC.
THIS THIRD AMENDMENT ("Third Amendment") is effective as of the 1st day of
october , 2021 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 2nd day of October,
2018, for certain Services (the "Original Agreement"); and
WHEREAS, by a First Amendment dated September 16', 2019 the term of the Original
Agreement was extended to October 2", 2020 and;
WHEREAS, by a Second Amendment dated September 28', 2020, the term of the Original
Agreement was extended to October 2nd, 2021; and
WHEREAS, the term of the Original Agreement expires on the 2"d day of October, 2021 and the
parties desire to extend the term of the Original Agreement for an additional year.
THIRD AMENDMENT
NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as
set forth below, the parties agree as follows:
The Original Agreement shall be amended to extend the term to the 2nd day of
October, 2022.
2. Compensation for the Services, as defined in the Original Agreement, is as follows:
nine thousand, five hundred thirty-five dollars ($9,535.00) for snow removal which
shall be billed to the County in five equal monthly installments and nine hundred
sixty-five dollars ($965.00) for cinder and sand removal which shall be separately
invoiced. Contractor shall invoice the County monthly during the period the Services
are performed. In the event Contractor and County agree upon the need for additional
maintenance or repair services beyond the frozen precipitation and sand and cinder
removal described herein (the "Additional Services"), Contractor shall first provide
County with a written estimate which shall include an estimate of the labor and
materials without any mark-up and any additional costs necessary to perform the
Additional Services. Each estimate must be approved by County's Representative
C21-325
DocuSign Envelope ID: 700F51C0-E560-42B9-A266-D5BC6E79464B
prior to commencement of the services by Contractor and all rates shall be in
accordance with the rates set forth herein. Total compensation under this
Agreement shall not exceed ten thousand, five hundred dollars ($10,500.00) for
the Services and four thousand, five hundred dollars ($4,500.00) for any
Additional Services or a total not to exceed fifteen thousand dollars ($15,000.00)
without a written amendment to this Agreement. 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.
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.
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C21-325
DocuSign Envelope ID: 700F51C0-E560-42B9-A266-D5BC6E79464B
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
Signed by:
Docu
By: Sb'a
Jeff S E'05`J 1M- anager
CONTRACTOR
DALY PROPERTY SERVICES, INC.
DocuSigned by:
By:
31ADA598114C4B9...
Print Name:
Title:
C21-325
