HomeMy WebLinkAbout297024 COLORADO MOSQUITO CONTROL - CONTRACT - RFP - 7351 INTEGRATED PEST MANAGEMENT - MOSQUITO CONTROLpage 1
First Amendment to Service Agreement
This First Amendment to Service Agreement (“Amendment”) is entered into
by and between Advanced Pest Management of Colorado, Inc., doing business as
Colorado Mosquito Control, a Colorado corporation (“CMC Corporation”) and
Advanced Pest Management of Colorado, LLC, doing business as Colorado
Mosquito Control, a Colorado limited liability company (“CMC Limited Liability
Company”) and the City of Fort Collins, Colorado, a municipal corporation
(“City”).
WHEREAS, CMC Corporation and the City have previously entered into a
Service Agreement dated May 8, 2012, for 7351 Integrated Pest Management
Mosquito Control Services (“Agreement”), under which Agreement CMC Corporation
is the “Service Provider”; and
WHEREAS, the CMC Corporation and CMC Limited Liability Company
recently notified the City that the CMC Corporation has been converted into the new
entity CMC Limited Liability Company, as is permitted under Part 2 of Article 90 of
Title 7 of the Colorado Revised Statutes (“Conversion”) ; and
WHEREAS, in accordance with the terms of the Agreement, the Service
Provider shall neither assign any responsibility nor delegate any of its duties arising
under the Agreement without the City’s prior written consent; and
Whereas, as provided in CRS Section 7-90-202(2), CMC Corporation’s
obligations as the Service Provider under the Agreement will continue after the
Conversion, except as otherwise agreed by the City: and
Whereas, the City hereafter agrees to consent to the Conversion and to allow
CMC Limited Liability to operate as the Service Provider under the Agreement,
provided CMC agrees to continue to be liable for all of the Service Provider’s
obligations under the Agreement and CMC Limited Liability Company agrees to
assume and be bound by all of the terms and conditions of the Agreement in
performing such obligations.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
promises herein contained, the parties agree as follows:
1. The City hereby consents to the Conversion and to CMC Limited Liability
Company hereafter operating as the Service Provider under the Agreement in place of
CMC Corporation. CMC Corporation hereby agrees to continue to be liable for all of
DocuSign Envelope ID: E8C274AF-5B3D-4C4B-9F32-C3DEBCCDD3C7
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the Service Provider’s obligations under the Agreement. And, CMC Limited Liability
Company hereby agrees to assume and be bound by all of the terms and conditions in
performing such obligations.
2. Except as expressly amended by this Amendment, all other terms and
conditions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment the day and year
shown.
CITY OF FORT COLLINS:
By:
Printed Name: Gerry Paul
Title: Director of Purchasing & Risk
Management
Date: _____________________
ADVANCED PEST MANAGEMENT
OF CO, Inc., dba Colorado Mosquito
Control
By: _______________________________
Printed Name: ______________________
Title: _____________________________
Date: _____________________________
ADVANCED PEST MANAGEMENT OF
CO, LLC, dba Colorado Mosquito
Control
By: ____________________________
Printed Name: ___________________
Title: ____________________
Date: ____________________
ATTEST:
________________________
City Clerk
APPROVED AS TO FORM:
________________________
Assistant City Attorney
DocuSign Envelope ID: E8C274AF-5B3D-4C4B-9F32-C3DEBCCDD3C7
5/20/2014
Jessica Schurich
5/20/2014
Operations Manager
Jessica Schurich
Operations Manager
5/21/2014