HomeMy WebLinkAboutC25-062 Rod's Painting, Inc._second amendment SECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND ROD’S PAINTING, INC. THIS SECOND AMENDMENT (“Second Amendment”) is effective as of _______________ by and between Rod’s Painting, Inc. 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 7th day of March, 2023, for certain Services (the “Original Agreement”); and WHEREAS, by a First Amendment dated January 16th, 2024, the term of the Original Agreement was extended to March 7th, 2025 (the “First Amendment”); and WHEREAS, the term of the Original Agreement expires on the 7th day of March, 2025, and the parties desire to extend the term of the Original Agreement for an additional one (1) year on the same terms and conditions as set forth in the Original Agreement. 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 to extend the term to the 7th day of March, 2026. 2. County shall compensate Contractor at the rate of $36.50 per hour for the interior and exterior painting and staining and $38.50 per hour for drywall repair to walls and ceilings. Eagle County is to purchase all materials required for the work. Prior to commencement of Services at any Property or Properties, Contractor shall first provide County with a written estimate which shall include an estimate of the labor and any additional costs necessary to perform the Services at a particular Property or Properties. Each estimate must be approved by County’s Representative prior to commencement of the Services by Contractor and all rates shall be in accordance with the above rates. Total compensation for all Services under this Second Amendment shall not exceed one hundred thousand dollars ($100,000.00); this amount is in addition to previously approved amounts. 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 3. The Original Agreement is being extended for the second time pursuant to the terms of paragraph “4” thereof. 4. 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 or First Amendment, the terms and provisions contained in this Second Amendment shall govern and control the rights and obligations of the parties. 5. 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. 6. This Second Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. [Rest of Page Intentionally Left Blank]           3 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 CONTRACTOR ROD’S PAINTING, INC. By: _____________________________________ Print Name: ______________________________ Title: ___________________________________