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HomeMy WebLinkAboutC25-132 Automated Building Solutions, Inc_third amendmentTHIRD AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND AUTOMATED BUILDING SOLUTIONS, INC. THIS THIRD AMENDMENT (“Third Amendment”) is effective as of ______________ by and between Automated Building Solutions, 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 24th day of May, 2022 for certain Services (the “Original Agreement”); and WHEREAS, the Original Agreement contemplated that the Consultant would perform certain Services with compensation in an amount not to exceed $50,000; and WHEREAS, by a First Amendment dated April 7th, 2023 the term of the Original Agreement was extended to May 24th, 2024 (the “First Amendment”); and WHEREAS, the First Amendment contemplated that the Consultant would continue performing certain Services for additional compensation in an amount not to exceed $50,000, for a total maximum compensation under the Original Agreement and First Amendment of an amount not to exceed $100,000; and WHEREAS, by a Second Amendment dated March 29th, 2024 the term of the Original Agreement and First Amendment was extended to May 24th, 2025 (the “Second Amendment”); and WHEREAS, the Second Amendment contemplated that the Consultant would continue performing certain Services for additional compensation in an amount not to exceed $50,000, for a total maximum compensation under the Original Agreement, First Amendment, and Second Amendment of an amount not to exceed $150,000; and WHEREAS, the term of the Original Agreement, as extended by the First and Second Amendments, expires on the 24th day of May, 2025 and the parties desire to extend the term of the Original Agreement for an additional year; and WHEREAS, the County desires to have Consultant continue performing certain Services for additional compensation as set forth below. THIRD AMENDMENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the parties agree as follows: Docusign Envelope ID: D1F75FD0-CA93-44C4-A6EA-E3624A9CD3E3 4/2/2025 2 1.The term of the Original Agreement, as extended by the First Amendment, and Second Amendment, shall be amended to extend to the 24th day of May, 2026. 2. The compensation for additional Services under this Third Amendment shall not exceed $50,000, for a total maximum compensation under the Original Agreement, First Amendment, Second Amendment, and this Third Amendment of $200,000. 3.Capitalized terms in this Third Amendment will have the same meaning as in the Original Agreement, First Amendment, and Second Amendment. To the extent that the terms and provisions of the Third Amendment conflict with, modify or supplement portions of the Original Agreement, First Amendment, or Second Amendment, the terms and provisions contained in this Third Amendment shall govern and control the rights and obligations of the parties. 4.Except as expressly altered, modified and changed in this Third Amendment, all terms and provisions of the Original Agreement, First Amendment, and Second Amendment shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. 5.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 B y: ______________________________ Jeff Shroll, County Manager CONTRACTOR: AUTOMATED BUILDING SOLUTIONS, INC. By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ Docusign Envelope ID: D1F75FD0-CA93-44C4-A6EA-E3624A9CD3E3 President Art Espinosa