HomeMy WebLinkAboutC11-220 Vail Valley Charitable Fund FIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY AND VAIL VALLEY CHARITABLE FUND (Dental Services) THIS FIRST AMENDMENT ( "Amendment ") is effective as of this 9 1 k day of , 2011, and is between the County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of County Commissioners ( "County "), and Vail Valley Charitable Fund, with a mailing address of P.O. Box 2307, Edwards, CO 81632 ( "Contractor "). WHEREAS, County and Contractor entered into an agreement dated August 3, 2010 (Eagle County Ref # C 10 -244) for the administration of dental services provided by local dental providers on certain terms and conditions hereinafter the "Original Agreement "; and WHEREAS, the Original Agreement provided that any revision, amendment or modification shall be valid only if in writing and signed by all parties; and WHEREAS, the County desires to amend the Original Agreement to extend the term from June 30, 2011 to December 31, 2011 and to increase the fees due Consultant to reflect the extended term; and WHEREAS, Consultant is willing to amend the Original Agreement to reflect the changes desired by County. AMENDMENT NOW THEREFORE, in consideration of the terms and conditions of the Original Agreement and this Amendment, the sufficiency of which is hereby acknowledged, County and Contractor agree as follows: 1. Paragraph 2.1 of the Original Agreement shall be replaced and amended to read as follows: "This Agreement shall commence on the agreement date first above written and, subject to the provisions of Section 2.2 hereof, shall continue in full force and effect until December 31, 2011." 2. The first sentence of Exhibit A to the Original Agreement shall be replaced and amended to read as follows: "Description of Services: Services under this Agreement shall begin on July 1, 2010 and shall terminate on December 31, 2011 unless earlier terminated in accordance with the terms of this Agreement ". 3. The first sentence under Additional Provisions of Exhibit A to the Original Agreement shall be replaced and amended to read as follows: eit-*,z) "Written Reports: Three program evaluation reports will be required. The first report will be due December 15, 2010, the second report will be due June 15, 2011 and the third report will be due December 15, 2011" 4. The final section (consisting of three paragraphs) entitled Payment and Fee Schedule of Exhibit A to the Original Agreement shall be replaced and amended to read as follows: "The total amount of this contract is not to exceed $95,110 paid as follows: Funding in the amount of $36,782 shall be used solely for children ages 0 -9 years and $58,328 shall be used solely for children ages 10 -18 years. The County shall pay the Contractor as set forth in the Agreement. As of March 17, 2011 the County has paid the Contractor $76,225.00 and the balance of $18,885 shall be paid in the final quarterly payment. Contractor shall submit an invoice to County with required documentation. The Contractor shall expend all funds under this Agreement by December 15, 2011 and submit a written report with documentation verifying how funds were expended in accordance with the contract. Any funds unexpended as of December 15, 2011 shall be returned to the County in the form of a check made out to Eagle County Government unless the County agrees to an extension of this Agreement." 5. County and Contractor agree that, except as expressly altered, modified and changed in this Amendment, all terms and provisions of the Original Agreement shall remain in full force and effect during the modified term, and hereby are ratified and confirmed in all respects as of the date hereof. 6. If any conflict exists between the provisions of this Amendment and the Original Agreement, the provisions of this Amendment shall control. 7. This 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 Agreement the day and year first above written. COUNTY: COUNTY OF EAGLE, STATE OF COLORADO By and through its County Manager By: r _ _ — — eith Mo •g, County M. _er VAIL VALLEY CHARITABLE FUND / 1 B ', I • Karen Simo , t' • ecutive Director STATE OF C orac 0 ) )SS. COUNTY OF F(1 . ) The foregoing instrument was acknowledged before me by rail! S(ZO(] , this q day of pa ,2011. My commission expires: q'�go --;)-4 . - '`",'`„y Notary Pu' is g; 4 y •, - e `• a / • o t e o o 40 • e P