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HomeMy WebLinkAboutC14-197 Bacchus Network First Amendment FIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY,COLORADO 1 (M.CA THE BACCHUS NETWORK e(tu THIS FIRST AMENDMENT("Amendment")made and dated as of this day of ' ,2014,is between the County of Eagle,State of Colorado,a body corporate and politic, by and through its County Manager("County"),and The National Association of Student Personnel Administrators,with a mailing address of 111 K Street NE, 10th Floor,Washington, D.C.20002 ("NASPA"or"Contractor"),as successor in interest to The BACCHUS and Gamma Peer Education Network, Inc,:("The BACCHUS Network"). RECITALS WHEREAS,County and The BACCHUS Network entered into an agreement dated the 24th day of July,2013,for certain Services(the"Original Agreement");and WHEREAS,the Original Agreement contemplated that The BACCHUS Network would perform certain Services with compensation in an amount not to exceed$8,840.60;and WHEREAS, the BACCHUS Network has been dissolved and all assets transferred to NASPA with NASPA performing all Services under the Original Agreement and any amendments thereof. WHEREAS, County and Contractor desire by this First Amendment to amend the scope of Services and compensation as set forth in the Original Agreement,and to evidence the County's consent to the assignment of the Original Agreement from the BACCHUS Network to NASPA. FIRST 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 reflect that the parties to the agreement are Eagle County and NASPA,the successor in interest to The BACCHUS Network. Pursuant to Section 8 of the Original Agreement,the County hereby consents to the assignment of the Original Agreement from The BACCHUS Network to NASPA,and NASPA agrees to be bound by the terms of the Original Agreement,this First Amendment and any other amendments to the Original Agreement. 2. Paragraph 1.1 of the Original Agreement shall be deleted in its entirety and replaced with the following: 1.1 The Contractor will provide the following services(hereinafter called"Contracting Services"): provide Campaign in a Box materials designed to educate students about a variety of tobacco related issues; materials include program guides and bulletin boards that will highlight days and events colleges can use to draw attention to tobacco issues; a guide to include social media messages and a Power Point that can be posted to professors'webpages;Social Smoking,Medication Options,and It's Time to Think About Quitting pamphlets;customized"Stall Stories,";and CO Quit Mobile promotional items. Additional technical assistance time will be used for consultations with health department staff and/or college personnel. 3. Paragraph 4.1 of the Original Agreement shall be deleted and replaced with the following: 4.1 For the Contracting Services provided hereunder,County shall pay to the Contractor as follows: Contractor shall submit monthly invoices reflecting the Contracting Services performed by the fifth working day of the following month. Total contract amount shall not exceed$4,912.50. All funds shall be expended by June 30,2014.Contractor will not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized to do so by County. Fees for any additional services will be as set forth in an executed addendum between the parties. Fees will be paid within thirty(30)days of receipt of a proper and accurate invoice from Contractor respecting Contracting Services.The invoice shall include a description of services performed.Upon request,Contractor shall provide County with such other supporting information as County may request. 4. The Original Agreement shall be amended to include the following paragraph: 13. Notice. Any notice required by this Agreement shall be deemed properly delivered when(i)personally delivered,or(ii)when mailed in the United States mail,first class postage prepaid,or(iii)when delivered by FedEx or other comparable courier service,charges prepaid,to the parties at their respective addresses listed below,or(iv)when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date,time and receiving facsimile number for the transmission,or(v)when transmitted via e-mail. Either party may change its address for purposes of this paragraph by giving five(5)days prior written notice of such change to the other party. COUNTY: Eagle County,Colorado Health&Human Services Attention: Amanda Visosky 551 Broadway Post Office Box 660 Eagle,CO 81631 Telephone: 970-328-8808 Email: Amanda.visoskv@eaalecountv.us 2 With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle,Co 81631 Telephone:970-328-8685 Facsimile: 970-328-8699 E-Mail:atty a,eaglecounty.us CONTRACTOR: The National Association of Student Personnel Administrators Attention: Amy Shopkorn 111 K Street NE, le Floor Washington,D.C. 20002. Telephone:202-265-7500 ext. 1 190 Facsimile: 202-898-5737:. Email: ashopkorn @naspa.org 5. Capitalized terms in this First Amendment will have the same meaning as in the Original Agreement.To the extent.that the terms and provisions of the First Amendment conflict with,modify or supplement portions of the Original Agreement,the terms and provisions contained in this First Amendment shall govern and control the rights and obligations of the parties. 6. Except as expressly altered,modified and changed in this First 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. 7. This First Amendment shall be binding on the parties hereto,their heirs,executors, successors, and assigns. \\REMAINDER OF PAGE INTENTIONALLY LEFT BLANK\\ 3 , IN WITNESS WHEREOF,the parties hereto have executed this First Amendment to the Original Agreement the day and year first above written. COUNTY OF EAGLE, STA11;OF COLORADO,By and Through Its COUNTY MANAGER BY: /%��� //_i. Keith P. Montag, County M. •.ger CONTRACTOR The National Association of Student Personnel Adminis . .rs By: 1AW A opkorn Its: Vice President for Operations i i 1 4 i