HomeMy WebLinkAboutC25-079 Design 2B Fit, Inc_third amendmentTHIRD AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND DESIGN 2B FIT, INC. THIS THIRD AMENDMENT (“Third Amendment”) is effective as of ______________ by and between Design 2B Fit, 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 1st day of February, 2022 for certain Services (the “Original Agreement”); and WHEREAS, by a First Amendment dated February 9th, 2023 the term of the Original Agreement was extended to March 21st, 2024 (the “First Amendment”); and WHEREAS, by a Second Amendment dated February 15th, 2024 the term of the Original Agreement was extended to March 21st, 2025 (the “Second Amendment”); and WHEREAS, the term of the Original Agreement, as extended, expires on the 21st day of March, 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 21st day of March, 2026. 2. County shall compensate Contractor at the rate of $265 per hour for the first hour and $150 per hour for additional hours, $75 per hour for travel to and from Snowmass Village and between properties, plus materials without mark-up thereon and in accordance with a formal proposal for each on-call service to be provided by Contractor and approved by County in writing 3.The compensation for the Services under this Third Amendment shall not exceed $10,000.00 for the extended term, and is in addition to previously approved amounts. 4. The Original Agreement is being extended for the third and final time pursuant to the terms of paragraph “4” thereof. Docusign Envelope ID: E9F6D90C-282E-439B-A544-D73C8A0B04B8 2/7/2025 2 5. 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, and the First or Second Amendments, the terms and provisions contained in this Third Amendment shall govern and control the rights and obligations of the parties. 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. 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 COUNTY MANAGER By: ______________________________ Jeff Shroll, County Manager CONTRACTOR: DESIGN 2B FIT, INC By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ Docusign Envelope ID: E9F6D90C-282E-439B-A544-D73C8A0B04B8 President, Design 2B Fit Emily Garaffa