HomeMy WebLinkAboutC19-379 Veolia ES Technical SolutionsFIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND VEOLIA ES TECHNICAL SOLUTIONS, LLC THIS FIRST AMENDMENT (“First Amendment”) is effective as of _____________ by and between Veolia ES Technical Solutions, LLC a Delaware limited liability company (hereinafter “Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, County and Consultant entered into an agreement dated the 21st day of January, 2019, 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 $20,000.00; and WHEREAS, the term of the Original Agreement expires on the 31st day of December, 2019, and the parties desire to extend the term for an additional year. FIRST 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 allow a 3% increase for all fees, attached hereto described in Exhibit E, which is attached hereto and incorporated herein by reference. 2. The compensation shall not exceed $20,600.00 or a total maximum compensation under the Original Agreement and this First Amendment of $40,600.00. 3. The term of the Original Agreement is hereby extended to the 31st day of December, 2020. 4. Capitalized terms in this First Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the First Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this First Amendment shall govern and control the rights and obligations of the parties. 5. Except as expressly altered, modified and changed in this First 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. DocuSign Envelope ID: CDF178B0-41DB-451E-B4ED-49130F3C9538 11/13/2019 2 Eagle County Amend Term Scope Comp Final 5/14 6. This First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this First 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 CONSULTANT By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: CDF178B0-41DB-451E-B4ED-49130F3C9538 Mountain Branch Sales Manager Derek Nelhuebel 3 Eagle County Amend Term Scope Comp Final 5/14 EXHIBIT E PRICE ADJUSTMENT LETTER DocuSign Envelope ID: CDF178B0-41DB-451E-B4ED-49130F3C9538 Veolia North America 9131. E 96th Avenue Henderson, CO 80640 www.veolianorthamerica.com October 28th, 2019 Eagle County Solid Waste & Recycling 815 Ute Creek Road PO Box 473 Wolcott, CO 81655 Attention: Mr. Joseph Walls Subject: Price Adjustment for 2020 Dear Mr. Walls, Thank you for using Veolia North America (Veolia) for your waste management and environmental needs. We truly value the partnership between our organizations and certainly appreciate the opportunity to contribute to the success of safely and compliantly managing your treatment and recycling needs. Veolia is a World-wide leader in waste management, recycling, and environmental services. We are committed to providing the highest quality service in our industry. We continue to improve our service and facility operating efficiencies. We challenge ourselves, as well as our supplying partners, to help us meet your waste management, environmental, and financial goals. We continue to invest in our people and our safety programs to bring you the safest and most innovative service possible. Veolia continues to experience increased costs associated with providing “Best in Class” services. After carefully evaluating and comparing these increased costs along with our goal to continue to provide the most comprehensive, environmentally safe and cost-effective waste management and recycling programs, we find it necessary to share a portion of these increased costs with our customers through a price increase. As a valued partner, we pride ourselves in giving advanced notice for changes. Our price increase of 3% will be effective January 1, 2020, or in accordance with the Terms and Conditions of your Services Agreement. As a valued customer, Veolia appreciates your continued support. Your confidence in our service excellence, expertise, and ultimately our mutual commitment to the environment is much appreciated. Please do not hesitate to contact your local Account Manager or Branch Services office with any questions regarding this increase. Sincerely, Tom Anckner Derek M Nelhuebel General Manager Sales Manager Veolia North America Veolia North America DocuSign Envelope ID: CDF178B0-41DB-451E-B4ED-49130F3C9538