No preview available
HomeMy WebLinkAboutC24-490 Firkins Garage Doors, Inc._third amendmentTHIRD AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND FIRKINS GARAGE DOORS, INC. THIS THIRD AMENDMENT (“Third Amendment”) is effective as of ______________ by and between Firkins Garage Doors, 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 dated the 30th day of December, 2021 for certain Services (C21-448, the “Original Agreement”); and WHEREAS, by a First Amendment dated December 7th, 2022 the term of the Original Agreement was extended to January 18th, 2024 (C22-394, the “First Amendment”); and WHEREAS, by a Second Amendment dated January 8th, 2024 the term of the Original Agreement was extended to January 18th, 2025 (C24-011, the “Second Amendment”); and WHEREAS, the term of the Original Agreement expires on the 18th day of January, 2025 and the parties desire to extend the term of the Original Agreement for an additional year. THIRD 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 18th day of January, 2026. 2. The compensation for the Services under this Third Amendment shall not exceed $100,000.00 for the extended term, and is in addition to previously approved amounts. 3. Capitalized terms in this Third Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Third Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this Third Amendment shall govern and control the rights and obligations of the parties. 4. This Third Amendment is executed pursuant to the terms of Paragraph 4 (“Extension or Modification”) of the Original Agreement. 5. Due to changes in Colorado law, paragraphs 14.u and 15 (including its subparagraphs) of the Original Agreement are hereby deleted in their entirety. Docusign Envelope ID: 9F54ABED-24A3-4E13-A656-D57177BCDE3A 12/17/2024 2 6. Except as expressly altered, modified and changed in this Third 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. 7. This Third Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. [signature page follows] Docusign Envelope ID: 9F54ABED-24A3-4E13-A656-D57177BCDE3A 3 IN WITNESS WHEREOF, the parties hereto have executed this Third 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: FIRKINS GARAGE DOORS, INC. By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ Docusign Envelope ID: 9F54ABED-24A3-4E13-A656-D57177BCDE3A Jessica Firkins Secretary/Treasurer