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HomeMy WebLinkAboutC24-103 Masabi LLC_first amendment FIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND MASABI, LLC THIS FIRST AMENDMENT (“First Amendment”) is effective as of ________________ by and between Masabi, LLC, a Delaware limited liability company (hereinafter “Consultant” or “Contractor”), and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, County and Contractor entered into an agreement dated the 21st day of December, 2021 for certain Services (the “Original Agreement”); and WHEREAS, the Original Agreement contemplated that the Contractor would perform certain duties with compensation in an amount not to exceed $294,299.35; and WHEREAS, County and Contractor desire by this First Amendment to expand the scope of Services and compensation as set forth in the Original Agreement. 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 include additional Services as described in Exhibit 1, which is attached hereto and incorporated herein by reference. 2.The compensation for the additional Services set forth in Exhibit 1 shall not exceed $8,314.80, for a total maximum compensation under the Original Agreement and this First Amendment of $302,614.15. 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. DocuSign Envelope ID: EA8F047E-7FA2-42AE-A23B-40CE699DBD82 2/20/2024 2 IN WITNESS WHEREOF, the parties hereto have executed this First 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: Matt Scherr, Chair Attest: By: ______________________________ Regina O’Brien, Clerk to the Board CONTRACTOR Masabi LLC By: Print Name: Title: DocuSign Envelope ID: EA8F047E-7FA2-42AE-A23B-40CE699DBD82 Rebecca Johnson Senior Director, American Deployments Exhibit 1 – Scope of Services DocuSign Envelope ID: EA8F047E-7FA2-42AE-A23B-40CE699DBD82 Hardware Warranty Units are under full warranty for Year 1. Warranty documentation will be provided when the product ships and can be provided up on request. Optional warranty after Year 1, priced at 15% of the original unit price per year for up to 3 additional years. The Warranty term will start once Project Acceptance has been completed. Payment Schedule Item Description % Amount 1 Upon shipment of hardware 50% $4,157.40 2 Upon completion of installation 25% $2,078.70 3 Project Acceptance* 25% $2,078.70 *Project Acceptance will require signature from the ECO Transit Project Manager. DocuSign Envelope ID: EA8F047E-7FA2-42AE-A23B-40CE699DBD82