HomeMy WebLinkAboutC10-249 Family Learning Center Second Amendment AP V SECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY AND THE FOUNDATION OF TRUSTEES FOR THE FAMILY LEARNING CENTER THIS SECOND AMENDMENT ( "Second Amendment ") is made and entered into thisa o 2010, between Eagle County, by and through its Board of County Commissioners (hereinafter r erre o as "County") and The Foundation of Trustees for the Family Learning Center, a Colorado nonprofit corporation, with a mailing address of 31626 Highway 6, Edwards, CO 81632 (hereinafter referred to as "Contractor "). WHEREAS, County and Contractor entered into an Agreement dated January 5, 2010 (Eagle County Ref # C10 -005 ( "Original Agreement "); and WHEREAS, County and Contractor entered into a First Amendment dated June 15, 2010 ( "First Amendment ") to increase the number of spaces at the Family Learning Center; and WHEREAS, Contractor will continue to work for County and County shall continue to compensate Contractor for services that are properly invoiced for and are completed to the satisfaction of County; and WHEREAS, the County now desires to further amend the terms of the Original Agreement and Contractor is willing to perform under the terms and conditions of the Original Agreement, First Amendment and this Second Amendment. NOW, THEREFORE, in consideration of the terms and conditions of the Original Agreement and this Second Amendment, the sufficiency of which is hereby acknowledged, County and Contractor agree as follows: 1. EXHIBIT A — Payment and Fee Schedule paragraph 2 shall be amended to read as follows: County will compensate Contractor for the purchase of items identified by the County Infant Toddler Specialist, which will be recommended to support compliance of the Infant Toddler Environment Rating Scales. Said purchases may not exceed $63,500. 2. County and Contractor agree that, except as expressly altered, modified and changed in this Second Amendment, all terms and provisions of the Original Agreement and the First Amendment shall remain in full force and effect, and hereby are ratify and confirm the Original Agreement and First Amendment in all respects as of the date hereof. 3. If any conflict exists between the provisions this Second Amendment and the Original Agreement, the provisions this Second Amendment shall control. 4. This Second Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. ,( Z M • • M • COUNTY: COUNTY OF EAGLE, STATE OF COLORADO By and through its Board of County Commissioners By: ..> vt,_ o`l• - - ATTEST: ,. ;,,,. Sara J. Fisher, Ch `/ 011.0166 .. Ili Teak J. Simonton, Clerk to the B + + ' •mac of County Commissioners # c , / nRiktry THE FOUNDATION OF TRUSTEES FOR THE FAMILY LEARNING CENTER By: ��'� �.... Cheryl L. Faller, Executive Director of The Foundation of Trustees for The Family Learning Center STATE OF Coj(Drc ) ,+ j ) SS. .14 1 COUNTY OF _ 3 (p ) The oregoin instrument was acknowledged before me by i J L P /J /this , day of , 2010. My commission expires: Q lila I d ',hie ; , Notary ' .1)1c Ar f G Po 'I ,!-:'..: 9 +• k.∎ S COL ,N