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HomeMy WebLinkAboutC23-319 Cummins_second amendmentSECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND CUMMINS INC. THIS SECOND AMENDMENT (“Second Amendment”) is effective as of _____________, 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, by a First Amendment dated September 6th, 2022 the term of the Original Agreement was extended to October 10th, 2023; and WHEREAS, the term of the Original Agreement expires on the 10th day of October, 2023 and the parties desire to extend the term of the Original Agreement for an additional year. 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 10th day of October, 2024. 2. County shall compensate Contractor for the performance of the Services in accordance with the fee schedule set forth in Exhibit A2, attached hereto and incorporated herein by reference. 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. 5. This Second Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. DocuSign Envelope ID: D736FC86-3387-4A57-98FB-B68C8C008817 10/6/2023 2 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 CUMMINS INC. By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: D736FC86-3387-4A57-98FB-B68C8C008817 PEM Sales Director Corey Bryant Sales and Service GRAND JUNCTION CO BRANCH 731 SCARLET DR GRAND JUNCTION, CO 81505 Phone: 970-242-5776 PLANNED MAINTENANCE AGREEMENT Customer Address Customer Contact EAGLE COUNTY FACILITIES Contact: Ron Siebert POBOX850 Eagle, CO 81631 Site Information 1 EAGLE COUNTY 2 FLEETMNTC Site Unit Number 1 GENERATOR 2 L080226491 Site Unit Number 1 GENERATOR 2 L080226491 Phone: 970 3288882 Fax: Cust Id: 466350 0020 EAGLE COUNTY DR 3289 COOLEY MESA ROAD Manufacturer Model Prod Model ONAN GEN SET 25GGMB ONAN GEN SET 125 GGLA Service Event Qty FULL SERVICE 1 INSPECTION 1 FULL SERVICE 1 Quote Information Quote Date: Quote Expires: QuoteNum: Quoted By: Quote Term: ELJEBEL GYPSUM 07-SEP-23 07-SEP-24 205640 Marilyn A Earl 1 Year(s) co 81623 co 81637 Serial Number Type H090024012 ST L080226491 ST Sell Price Extended Price 833 .00 833 .00 630 .00 630 .00 1,002.00 1,002.00 INSPECTION 1 662 .00 662 .00 QUOTED PRICING IS BASED ON WEEKDAYS DURING NORMAL BUSINESS HOURS. LABOR RA TE FOR REP AIRS DURING NORMAL BUSINESS HOURS IS $110.00 AND MILEAGE IS $2 .50 PER MILE. AGREEMENT TERMS: 10/1/2023 -9/30/2024 **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. 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 Standard Agreement Amount Proposal Total $3,127.00 $3,127.00 Page 1 of 2 EXHIBIT A2DocuSign Envelope ID: D736FC86-3387-4A57-98FB-B68C8C008817 09/07/2023 Sales and Service PLANNED MAINTENANCE AGREEMENT Customer Address Customer Contact Quote Information EAGLE COUNTY FACILITIES Contact: Ron Siebert POBOX850 Phone: 970 3288882 Eagle, CO 81631 Fax: Cust Id: 466350 THAT THE CONTRACT TERMS AND CONDITIONS HA VE BEEN READ, FULLY UNDERSTOOD, AND ACCEPTED . Quote Date: Quote Expires: QuoteNum: Quoted By: Quote Term: Customer Approval CUMMINS INC Signature : 07-SEP-23 07-SEP-24 205640 Marilyn A Earl 1 Year(s) Signa • ....,,"------------- Date :~------------Date: ________________ _ Page 2 of 2 DocuSign Envelope ID: D736FC86-3387-4A57-98FB-B68C8C008817