HomeMy WebLinkAboutC23-124 Aquatics Associates_second amendmentSECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND AQUATICS ASSOCIATES, INC THIS SECOND AMENDMENT (“Second Amendment”) is effective as of the _____________ by and between Aquatics Associates, 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 (C21-086) dated the 18th day of March, 2021, for certain Services (the “Original Agreement”); and WHEREAS, by a First Amendment (C22-122) dated March 23rd, 2022 the term of the Original Agreement was extended to April 30th, 2023; and WHEREAS, the term of the Original Agreement expires on the 30th day of April, 2023 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. SECOND 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, 2024. 1. The compensation for the performance of the Services will be increased to not to exceed six thousand nine hundred ($6,900.00) for the seasonal maintenance of the Freedom Park Pond. 2. Section 15 of the Original Agreement shall be deleted in its entirety. 3. Capitalized terms in this Second Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Second Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this Second Amendment shall govern and control the rights and obligations of the parties. 4. Except as expressly altered, modified and changed in this Second 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: 23B6B58D-1359-46AC-9CE3-438502E2030B 4/10/2023 2 5. This Second Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Second 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 AQUATICS ASSOCIATES, INC. By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: 23B6B58D-1359-46AC-9CE3-438502E2030B Tami Schneck President