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HomeMy WebLinkAboutC13-027 Ace Equipment & Supply Company 4 FIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY AND ACE EQUIPMENT & SUPPLY COMPANY THIS FIRST AMENDMENT ( "First Amendment ") is made and entered into this l K>< day of January, 2013, between Eagle County, by and through its Board of County Commissioners (hereinafter referred to as "County ") and Ace Equipment & Supply Company, a Colorado Corporation organized and existing by virtue of the laws of the State of Colorado and with an office and principal place of business at 9660 Dallas Street, Henderson, Colorado 80640 (hereinafter referred to as "Contractor "). WHEREAS, County and Contractor entered into an Agreement dated February 08, 2012, for certain on -call services related to vehicle lift inspection and maintenance services at the Maintenance Service Center ( "Original Agreement "); and WHEREAS, County and Contractor wish to further extend the term of the Original Agreement and desire to amend the compensation due Contractor for the lift inspection and maintenance services. NOW, THEREFORE, County and Contractor agree to amend the Original Agreement as follows: 1. The term of the Original Agreement is extended to February 08, 2014. 2. Paragraph 4.1 shall be amended to reflect increased compensation during the new term as reflected in Exhibit A -1 which is attached hereto and incorporated herein by reference. Paragraph 4.1 shall be deleted and replaced with the following: "4.1 For the Services to be provided hereunder, County will pay Contractor two thousand eight hundred fifty dollars ($2,850.00). In the event Contractor and County agree upon the need for additional maintenance or repair services beyond the lift inspections described in Exhibit A -1, those services shall be billed at a rate of $105 per hour, plus material costs. Total compensation under this Agreement shall not exceed seven thousand eight hundred fifty dollars ($7,850) without a written amendment to this Agreement. In the event of any conflict between the contents of this Agreement and Exhibit A -1, this Agreement shall control." 3. All terms and provisions of the Original Agreement shall remain in full force and effect during the modified term. 4. This Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. / /SIGNATURE PAGE TO FOLLOW // G: \MAINTENANCE \Service Agreements \Lift Maint \Ace Equipment & Supply Company \2013\Ace Equipment First Amendment CLEAN.docx IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, b, its County Manager r By: V 40 Montag r CONTRACTOR: Ace Equipment & Supply Company BY: 1,e 12 .‘- i Title: U PnfreS , CONTRACTOR IS REQUIRED TO HAVE ITS SIGNATURE NOTARIZED STATE OF 4}19/22/A _ ) ss. COUNTY OF ) T e foregoi a g in , • ; it .; owledged before me 1Z ,ye Uei ea) as ,. , ..� . � * . . • �i /0 day of 4 , 2013. I ; ` ' v. • p : G, • My commiss in jxo __• _ .4 I'll / 3 Notary Public '+ 'co L � '' G: \MAINTENANCE \Service Agreements \Lift Maint \Ace Equipment & Supply Company \2013\Ace Equipment First Amendment CLEAN.doc • %f4C1-1 rice Ereftwe#tt & swi e°Ko 9660 DALLAS STREET — HENDERSON, CO 80640 800 - 435 -4266 / 303 - 288 -2916 / 303 - 288 -5609 (FAX) Serving the Rocky Mountain Region Since 1949 QUOTATION / SALES CONTRACT TO: DATE: January 4, 2013 Eagle County Facilities Management QUOTE #: 13- 010401 LB 3289 Cooley Mesa Road TERMS: Net 30 Gypsum, CO 81637 F.O.B.: Gypsum, CO DELIVERY: As Req'd VALID FOR: Per Contract ATTN: Ron Siebert, Facilities P.M. RE: Lift Inspections PHONE: 970 - 328 -8881 FAX: 970 - 328 -3539 EMAIL: ron.siebert @eaglecounty.us WE ARE PLEASED TO QUOTE YOU AS FOLLOWS: ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL Semi - annual Lift Inspections, Includes: (5) Heavy -Duty @ $150.00/ea. (2) Light -Duty @ $75.00/ea. 1 (1) Trip Charge @ $525.00/ea. 2 L.S. $1,425.00 $2,850.00 NOTE: PRICES QUOTED INCLUDE DISCOUNT FOR CASH (NON - CREDIT CARD) TOTAL $2,850.00 COMMENTS: Semi - annual lift inspection includes: lift inspections and minor on -site repairs /adjustments at time of inspection. Additional maintenance or repair services beyond those described above will be billed at a rate of $105.00 per hour, plus material costs. Any alteration or deviation from the above specifics will become an extra charge over and above the estimate. Units quoted from stock are offered subject to prior sale. Prices quoted do not include any state or local taxes and such taxes (if any) shall be paid by the purchaser in addition to the quoted price. All deposits are non - refundable. Delivery quoted is based on the date of this quotation and subject to any delay encountered in receiving a firm order and to other factors beyond our control. Warranty on above listed material, including new machines, parts and supplies, is limited to that as provided by the manufacturers, copies of which are available upon request. It is understood that the seller shall not be held responsible for any accident or damage resulting directly or indirectly from the above material and /or equipment. In the event of non- payment of all or part of the amount due to Ace Equipment, Ace Equipment shall be entitled to payment of its attorneys fees and costs incurred in the collection process, together with interest at the rate of 18% per annum from and after the payment due date. It is expressly agreed that any property furnished by Ace Equipment, shall be and remains personal property, and the ownership and title to same is hereby retained by Ace Equipment, and shall not pass to the purchaser, until total charges for labor, services, materials and equipment have been paid. Fax signatures shall operate the same as original documents. These terms are applicable to all initial and subsequent work. It is understood that there are no verbal agreements or understandings, which in any manner conflict with the written terms of this quotation. AUTHORIZATION Submitted By: Lawrence G. Booco Accepted By: Signature: Signature: Title: President Title: Date: 01/04/2013 Date: EXHIBIT