HomeMy WebLinkAboutC24-431 John T. Boyd Company_first amendment FIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND JOHN T. BOYD COMPANY THIS FIRST AMENDMENT (“First Amendment”) is effective as of ___________ by and between John T. Boyd Company, a Pennsylvania 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 16th day of August, 2024, 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 $95,000.00; 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 A1, which is attached hereto and incorporated herein by reference. 2. The compensation for the additional Services set forth in Exhibit A1 shall not exceed $43,000.00, or a total maximum compensation under the Original Agreement and this First Amendment of $138,000.00. In the event Contractor and County agree upon the need for services beyond those described in Exhibit A1, those services shall be billed at the rates as set forth in Exhibit A1. Prior to commencement of services beyond those described in Exhibit A1, Contractor shall first provide County with a written estimate. Each estimate must be approved by County’s Representative prior to commencement of the additional services by Contractor. Total compensation under the Original Agreement and this First Amendment shall not exceed $150,000.00, if services beyond those described in Exhibit A1 are authorized. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 3. This First Amendment is executed pursuant to the terms and conditions applicable to Extension or Modification contained in the Original Agreement. 4. 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 Docusign Envelope ID: 90C8348D-377D-4DC2-9E5E-56E8204BDF46 10/18/2024 2 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. 5. 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. 6. 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. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: ______________________________ Jeff Shroll, County Manager CONTRACTOR JOHN T. BOYD COMPANY By: _____________________________________ Print Name: Ronald Lewis Title: Managing Director and COO Docusign Envelope ID: 90C8348D-377D-4DC2-9E5E-56E8204BDF46 EXHIBIT A1 Docusign Envelope ID: 90C8348D-377D-4DC2-9E5E-56E8204BDF46 Docusign Envelope ID: 90C8348D-377D-4DC2-9E5E-56E8204BDF46 Docusign Envelope ID: 90C8348D-377D-4DC2-9E5E-56E8204BDF46 Docusign Envelope ID: 90C8348D-377D-4DC2-9E5E-56E8204BDF46 Docusign Envelope ID: 90C8348D-377D-4DC2-9E5E-56E8204BDF46 Docusign Envelope ID: 90C8348D-377D-4DC2-9E5E-56E8204BDF46 Docusign Envelope ID: 90C8348D-377D-4DC2-9E5E-56E8204BDF46 Docusign Envelope ID: 90C8348D-377D-4DC2-9E5E-56E8204BDF46 Docusign Envelope ID: 90C8348D-377D-4DC2-9E5E-56E8204BDF46 Docusign Envelope ID: 90C8348D-377D-4DC2-9E5E-56E8204BDF46 Docusign Envelope ID: 90C8348D-377D-4DC2-9E5E-56E8204BDF46 Docusign Envelope ID: 90C8348D-377D-4DC2-9E5E-56E8204BDF46 Docusign Envelope ID: 90C8348D-377D-4DC2-9E5E-56E8204BDF46 Docusign Envelope ID: 90C8348D-377D-4DC2-9E5E-56E8204BDF46 Docusign Envelope ID: 90C8348D-377D-4DC2-9E5E-56E8204BDF46