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HomeMy WebLinkAboutC22-295 Cummins_first amendmentFIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND CUMMINS INC. THIS FIRST AMENDMENT (“First Amendment”) is effective as of the __________________, 2022 by and between Cummins Inc. an Indiana 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 September, 2021, for certain Services (the “Original Agreement”); and WHEREAS, the term of the Original Agreement expires on the 10th day of October, 2022 and the parties desire to extend the term of the Original Agreement for an additional year. 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 10th day of October, 2023. 2. County shall compensate Contractor for the performance of the Services in a sum computed and payable as set forth in Exhibit A1. 3. 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. 4. 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. 5. 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. DocuSign Envelope ID: 6284D1D3-3080-4134-8CDB-446574378EB5 9/6/2022 2 COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: ______________________________ Jeff Shroll, County Manager CONTRACTOR CUMMINS INC By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: 6284D1D3-3080-4134-8CDB-446574378EB5 PEM Sales Director Corey Bryant Page 1 of 2 EAGLE COUNTY FACILITIES 173991 PO BOX 850 Eagle, CO 81631 10-AUG-22 Marilyn A Earl 1 Year(s) 970 4711768 EAGLE COUNTY FLEET MNTC 0020 EAGLE COUNTY DR 3289 COOLEY MESA ROAD 1 2 EL JEBEL GYPSUM 81623 81637 CO CO 1 2 GENERATOR L080226491 ONAN ONAN GEN SET GEN SET H090024012 L080226491 ST ST 1 2 GENERATOR L080226491 FULL SERVICE INSPECTION FULL SERVICE INSPECTION 1 1 1 1 QUOTED PRICING IS BASED ON WEEKDAYS DURING NORMAL BUSINESS HOURS. LABOR RATE FOR REPAIRS DURING NORMAL BUSINESS HOURS IS $110.00 AND MILEAGE IS $2.50 PER MILE. AGREEMENT TERMS: 10/1/2022 - 9/30/2023 **QUOTE DOES NOT INCLUDE TAX IF ANY OR APPLICABLE. As a result of the outbreak of the disease Covid-19 arising from the novel coronavirus, temporary delays in delivery, labour or services from Cummins and its sub-suppliers or subcontractors may occur. Among other factors, Cummins? delivery obligations are subject to correct and punctual supply from our sub-suppliers or subcontractors, and Cummins reserves the right to make partial deliveries or modify its labour or service. While Cummins shall make every commercially reasonable effort to meet the delivery, service or completion obligations set forth herein, such dates are subject to change. 786.00 594.00 945.00 625.00 786.00 594.00 945.00 625.00 25GGMB 125 GGLA Glen Padgett $2,950.00 $2,950.00 466350 10-AUG-23 THERE ARE ADDITIONAL CONTRACT TERMS AND CONDITIONS ON THE REVERSE SIDE OF THIS DOCUMENT, INCLUDING LIMITATIONS OF WARRANTIES AND LIABILITY, WHICH ARE EXPRESSLY INCORPORATED HEREIN. CUSTOMER ACKNOWLEDGES GRAND JUNCTION CO BRANCH 731 SCARLET DR GRAND JUNCTION, CO 81505 Phone: 970-242-5776 Contact: Phone: Fax: Cust Id: Quote Date: Quote Expires: Quote Num: Quoted By: Quote Term: Site Information Site Unit Number Manufacturer Model Prod Model Serial Number Type Site Unit Number Service Event Qty Sell Price Extended Price Standard Agreement Amount Proposal Total Customer ContactCustomer Address Quote Information PLANNED MAINTENANCE AGREEMENT A1 EXHIBIT DocuSign Envelope ID: 6284D1D3-3080-4134-8CDB-446574378EB5 Page 2 of 2 EAGLE COUNTY FACILITIES 173991 PO BOX 850 Eagle, CO 81631 10-AUG-22 Marilyn A Earl 1 Year(s) 970 4711768 Signature: Date: Signature: Date: Glen Padgett CUMMINS INC 466350 10-AUG-23 THAT THE CONTRACT TERMS AND CONDITIONS HAVE BEEN READ, FULLY UNDERSTOOD, AND ACCEPTED. Contact: Phone: Fax: Cust Id: Quote Date: Quote Expires: Quote Num: Quoted By: Quote Term: Customer Approval Customer ContactCustomer Address Quote Information PLANNED MAINTENANCE AGREEMENT 08/10/2022 DocuSign Envelope ID: 6284D1D3-3080-4134-8CDB-446574378EB5