HomeMy WebLinkAboutC22-384 Ace Equipment and Supply Co_third amendmentTHIRD AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND ACE EQUIPMENT & SUPPLY CO. THIS THIRD AMENDMENT (“Third Amendment”) is effective as of ______________ by and between Ace Equipment & Supply Co., a Colorado corporation (hereinafter “Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, County and Contractor entered into an agreement dated the 21st day of November, 2019 (C19-393), for certain Services (the “Original Agreement”); and WHEREAS, by a First Amendment dated December 1st, 2020 (C20-426) the term of the Original Agreement was extended to January 8th, 2022 and; WHEREAS, by a Second Amendment dated December 6th, 2021 (C21-419), the term of the Original Agreement was extended to January 8th, 2023; and WHEREAS, the term of the Original Agreement expires on the 8th day of January, 2023 and the parties desire to extend the term of the Original Agreement for an additional year. THIRD 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 extend the term to the 8th day of January, 2024. 2. County shall compensate Contractor for the performance of the Services in a sum computed and payable as set forth in Exhibit A3. 3. 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. 4. 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. DocuSign Envelope ID: 7E163EE4-0699-4A73-937E-1D566CBE7FB8 11/23/2022 2 IN WITNESS WHEREOF, the parties hereto have executed this Third 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 CONTRACTOR ACE EQUIPMENT & SUPPLY CO. By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: 7E163EE4-0699-4A73-937E-1D566CBE7FB8 President Lawrence Booco Ace Equipment & Supply Company 9660 DALLAS STREET – HENDERSON, CO 80640 800-435-4266 / 303-288-2916 / 303-288-5609 (FAX) Serving the Rocky Mountain Region Since 1949 SERVICE QUOTATION TO: DATE: November 1, 2022 Eagle County Facilities Management QUOTE#: 22-110101LB 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: Vehicle 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 1 Semi-annual Lift Inspections, Includes: (5) Heavy-Duty @ $150.00/ea. (2) Light-Duty @ $75.00/ea. (1) Trip Charge @ $525.00/ea. 2 L.S. $1,425.00 $2,850.00 TOTAL $2,850.00 COMMENTS: Semi-annual lift inspection includes: lift inspections and minor on-site repairs/adjustments made at time of inspections. Additional maintenance or repair services beyond those described above will be billed at a rate of $120.00 per hour, plus material costs. AUTHORIZATION Submitted By: Lawrence G. Booco Accepted By: Signature: Signature: Title: President Title: Date: 11/01/2022 Date: 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. A3 EXHIBIT DocuSign Envelope ID: 7E163EE4-0699-4A73-937E-1D566CBE7FB8