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HomeMy WebLinkAboutC17-405 Vail Honeywagon Enterprises LLCTHIRD AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND VAIL HONEYWAGON ENTERPRISES, LLC THIS THIRD AMENDMENT ("Third Amendment") is effective as of the 15`h day of October, 2017 by and between Vail Honeywagon Enterprises, LLC a Colorado limited liability company (hereinafter "Contractor") and Eagle County, Colorado, a body corporate and politic (hereinafter "County"). RECITALS WHEREAS, County and Contractor entered into an agreement dated the 9th day of December, 2014, for certain Services (the "Original Agreement"); and WHEREAS, by a First Amendment dated December 15, 2015, the term of the Original Agreement was extended to October 15, 2016 and the total compensation was increased to NTE $39,140.00; and WHEREAS, by a Second Amendment dated November 1, 2015, the term of the Original Agreement was extended to October 15, 2017; and WHEREAS, the term of the Original Agreement expires on the 15th day of October, 2017 and the parties desire to extend the term of the Original Agreement for an additional year and to amend the scope and compensation of the Original Agreement. 11■II; 1 -►► ►Ip ►► NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the parties agree as follows: 1. The compensation for the Services set forth in the Original Agreement shall not exceed $40,901.30 to accommodate a maximum annual price increase of four and one half percent (4.5%) for 2017. In the event Contractor and County agree upon the need for additional services, total compensation under this Agreement shall not exceed fifty thousand dollars ($50,[100.[10) without a written amendment to this Agreement. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 2. Article 1(b) of the Original Agreement is hereby amended to read as follows: lb. Transport all of the recycling materials as specified in Exhibit A to any recycling center which Contractor deems appropriate. 3. The Original Agreement shall be amended to extend the term to the 15`h day of October, 2018. C17-405 4. 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. 5. 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. 5. This Third Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. [Rest of Page Intentionally Left Blank] 2 GAAMylCantract Final bra RsWaU HoneywagmUr&Va U Honeywagon7 hLrd A me adment'ferm Comp a itd Scope.0 LE A N. 111617. docx IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Original Agreement the day and year first above written. Attest: s „ s-1.— By: Regina O'Brien, Clerk to the Board COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS LE Jillian H. Ryan, Chair CONTRACTOR: Vail T C � a� Az aa"eva t By: Print Name: Matt Donovan Title: vp mtn operations GAAMylCantract Final bra RsWad HoneywagmUr&Va d Honeywagrni77tu•d A me adment'ferm Comp a itd Scope.0 LE A N. 111617. docx