HomeMy WebLinkAboutC22-411 Felsburg Holt and Ullevig_fourth amendmentFOURTH AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND FELSBURG HOLT & ULLEVIG, INC. THIS FOURTH AMENDMENT (“Fourth Amendment”) is effective as of ______________ by and between Felsburg Holt & Ullevig, 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 (C19-260) dated the 30th day of July, 2019, for certain Services (the “Original Agreement”); and WHEREAS, the term of the Original Agreement initially extended until the 31st day of December, 2020; and WHEREAS; paragraph 4 of the Original Agreement provides that the Original Agreement may not be amended or supplemented except by agreement signed by both parties; and WHEREAS, the term of the Original Agreement was extended to the 31st day of December, 2021 by written agreement signed by the parties through an amendment (C20-390) dated the 27th day of October, 2020 (the “First Amendment”); and WHEREAS, the term of the Original Agreement, as extended by the First Amendment, was extended by written agreement signed by the parties until the 29th day of July, 2022 through an amendment (C22-034) dated the 18th day of January, 2022 (the “Second Amendment”); and WHEREAS, the term of the Original Agreement, as amended by the First and Second Amendment, was extended by written agreement signed by the parties until the 30th day of December, 2022 through an amendment (C22-319) dated the 16th day of August, 2022 (the “Third Amendment”); and WHEREAS, the term of the Original Agreement, as amended by the First, Second, and Third Amendments, expires on the 30th day of December, 2022, and the parties desire to extend the term of the Original Agreement until the 29th day of December, 2023 on the same terms and conditions as set forth in the Original Agreement and the First, Second, and Third Amendments. FOURTH AMENDMENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the parties agree as follows: DocuSign Envelope ID: 6F626DBB-2B96-472F-962E-AF3F810F94A7 12/20/2022 2 1. The Original Agreement and First, Second, and Third Amendments shall be amended to extend the term to the 29th day of December, 2023. 2. Capitalized terms in this Fourth Amendment will have the same meaning as in the Original Agreement and the First, Second, and Third Amendments. To the extent that the terms and provisions of the Fourth Amendment conflict with, modify or supplement portions of the Original Agreement, the First Amendment, Second Amendment, or the Third Amendment, the terms and provisions contained in this Fourth Amendment shall govern and control the rights and obligations of the parties. 3. Except as expressly altered, modified and changed in this Fourth 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. 4. This Fourth Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to the Original Agreement the day and year first above written. [Rest of Page Intentionally Left Blank] DocuSign Envelope ID: 6F626DBB-2B96-472F-962E-AF3F810F94A7 3 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 CONSULTANT FELSBURG HOLT & ULLEVIG, INC. By: _____________________________________ Print Name:_______________________________ Title: ___________________________________ DocuSign Envelope ID: 6F626DBB-2B96-472F-962E-AF3F810F94A7 Principal Michelle Stevens