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HomeMy WebLinkAboutC19-390 Thompson Welding LLC dba Trinity RecyclingSECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND THOMPSON WELDING LLC DBA TRINITY RECYCLING THIS SECOND AMENDMENT (“Second Amendment”) is effective as of _______________, by and between Thompson Welding, LLC a Colorado limited liability company d/b/a Trinity Recycling (hereinafter “Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, County and Consultant entered into an agreement dated the 14th day of November, 2017, for certain Services (the “Original Agreement”); and WHEREAS, by a First Amendment dated the 25th day of September, 2018 the parties modified the term as set forth in the Original Agreement; and WHEREAS, the County and Consultant desire by this Second Amendment to amend the compensation structure as set forth in the Original Agreement; 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. SECOND 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 as set forth in section 5.a. a. Based upon market conditions if the price of steel is $65 a ton or higher, 68% paid to County, if the Landfill staff loads recyclable material into containers, 32% shall be retained by Contractor. b. Based upon market conditions if the price of steel is $65 a ton or higher, 62% paid to County, if the recyclable materials is loaded by Contractor, 38% retained by Contractor. c. Based upon market conditions of the price of steel is lower than $65 a ton, Contractor is not obligated to pay County for recyclable material. 2. The term of the Original Agreement is hereby extended to the 31st day of December, 2020. 3. Capitalized terms in this Second Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Second Amendment conflict with, modify or supplement portions of the Original Agreement, DocuSign Envelope ID: 1C449551-CA1A-427C-818B-7BC3B218F31F 11/18/2019 2 Eagle County Amend Term Scope Comp Final 5/14 the terms and provisions contained in this Second Amendment shall govern and control the rights and obligations of the parties. 4. Except as expressly altered, modified and changed in this Second 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 Second Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Second 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: 1C449551-CA1A-427C-818B-7BC3B218F31F Josh Thompson Manager/Owner