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HomeMy WebLinkAboutC22-153 Encore Electric_Third AmendmentTHIRD AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND ENCORE ELECTRIC, INC. THIS THIRD AMENDMENT (“Third Amendment”) is effective as of ____________________ by and between Encore Electric, 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 1st day of April, 2019, for certain Services (the “Original Agreement”); and WHEREAS, the Original Agreement contemplated that the Contractor would perform certain Services with compensation in an amount not to exceed $100,000; and WHEREAS, by a First Amendment dated May 22nd, 2020 the term of the Original Agreement was extended to June 30th, 2021 and; WHEREAS, by a Second Amendment dated June 4, 2021, the term of the Original Agreement was extended to June 30, 2022. 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 compensation for the services shall be modified not to exceed $114,000.00. 2. The Original Agreement shall be amended to extend the term to the 30th day of June, 2023. 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. DocuSign Envelope ID: 7D250170-97AC-41EA-91E7-1AD96E43B3DA 4/12/2022 5. This Third Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. 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 BOARD OF COUNTY COMMISSIONERS By: ______________________________ Jeanne McQueeney, Chair Attest: By: _________________________________ Regina O’Brien, Clerk to the Board CONTRACTOR: ENCORE ELECTRIC, INC. By: ____________________________________ Print Name: ____________________________________ Title: ____________________________________ DocuSign Envelope ID: 7D250170-97AC-41EA-91E7-1AD96E43B3DA Director of Colorado Mountains Pete Palmgren