HomeMy WebLinkAboutC14-253 Heinrich Marketing Inc. Third Amendment THIRD AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO and HEINRICH MARKETING, INC. THIS THIRD AMENDMENT ("Amendment") is made and entered into this 15th day of June, 2014, between Eagle County, by and through its Department of Health and Human Services ("HHS") and Heinrich Marketing, Inc. ("Contractor"). WHEREAS, HHS and Contractor entered into an Agreement dated January 10, 2013 whereby Heinrich agreed to provide the following Contracting Services(hereinafter called the "Services" or"Contracting Services"): 1)Attend planning meetings with Latino Health Leadership Group,Eagle County Public Health, and other stakeholders to define culturally appropriate marketing and media tools for dissemination;2)Create a project logo and collateral; 3) Create a Healthy Food Access Policy social marketing campaign;4)Develop scripts and translation services for Spanish language TV cooking show and nutrition radio show(the "Original Agreement"); and WHEREAS, on March 27, 2013, the parties amended the terms of the Original Agreement by the First Amendment to the Agreement between Eagle County and Heinrich Marketing, Inc.; and WHEREAS, on June 24, 2013, the parties further amended the terms of the Original Agreement by the Second Amendment to the Agreement between Eagle County and Heinrich Marketing, Inc.; and WHEREAS, HHS and Contractor wish to further modify the terms of the Original Agreement to change the scope of the Services, extend the term of the Agreement and to increase the remuneration paid to Contractor for Services performed. NOW,THEREFORE, HHS and Contractor agree that the Original Agreement will be amended as follows: 1. Article 1, Services Provided, Section 1.1, shall be deleted and replaced with the following: 1.1 The Contractor will provide the following Services: 1) Provide facilitation and direction for the Estoy Sano photo voice project, including: training of Estoy Sano Community Liaison, conducting group meeting(s) with Eagle County Latino community members, developing meeting curriculum and corresponding materials, and arranging for production and display of photographs; 2) create an advocacy/marketing campaign as follow-up to the photo voice project; 3) create a Healthy Food Access Policy Social Marketing Campaign; 4) translate scripts, surveys and/or other collateral as needed; and 5) develop new and modify existing Estoy Sano general program collateral as needed (the "Services"). 1 2. Article 2, Term of Agreement, Section 2.1. The parties here by agree to extend the term of the Original Agreement for one (1) one-year period, subject to the provisions of Section 2.2 of the Original Agreement. Section 2.1 shall therefore be deleted and replaced with the following: 1.2 Subject to the provisions of Section 2.2,the term of this Agreement shall continue in full force and effect until June 30, 2015. The term of this Agreement may be extended for one (1) additional one-year term upon written agreement of the parties. The hourly rate set forth in Section 4.1 shall be in effect for any subsequent term. 3. Article 4, Remuneration, Section 4.1, shall be deleted and replaced with the following: 1.3 For the Services provided hereunder, County shall pay to the Contractor as follows: Contractor shall submit monthly invoices reflecting its rate of$100 per hour and identifying the Contracting Services performed by the fifth working day of the following month. The total compensation due Contractor for the period ending June 30, 2015 shall not exceed $50,000, which amount shall be fully expended by June 30, 2015. Contractor will not be entitled to bill at overtime and/or double time rates for work done outside normal business hours unless specifically authorized to do so by County. Fees for any additional services will be set forth in an executed amendment between the parties. Fees will be paid within thirty (30) days of receipt of a proper and accurate invoice from Contractor respecting the Contracting Services. The invoice shall include a description of services performed. Upon request, Contractor shall provide County with such other supporting documentation as County may request. 4. Article 4, Remuneration, shall be amended by adding the following provision as Section 4.4: 4.4 Reports and Invoices should be submitted to: Katie Haas Eagle County Public Health P.O. BOX 660 Eagle, CO 81631 5. Article 9,Notices, Section 9.1 shall be deleted and replaced with the following: 9.1 Any notice and all written communications required under this Agreement shall be given in writing by personal delivery, facsimile or U.S. Mail to the other party at the following addresses: (a) HHS Katie Haas, Healthy Communities Coordinator 2 Eagle County Public Health Department Health and Human Services P.O. Box 660 Eagle, CO 81631 970-328-8855 Katie.haas @eaglecounty.us (b) Contractor/Heinrich Laura Sonderup Hispanidad Managing Director Heinrich Marketing, Inc. 2228 Blake St. Suite 200 Denver, CO 80205 303-239-5235 Isonerup@heinrich.com 6. HHS and Heinrich 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 and hereby are ratified and confirmed in all respects as of the date hereof. 7. This Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. 8. If any conflict exists between the provisions of this Amendment and the Original Agreement, the provisions this Amendment shall control. [SIGNATURE PAGE TO FOLLOW] II 3 III IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF CO v, i Y COMMISSION ' . By: _ L ewat illia . Ryan, Chairman " wt eF-.? ' ci Attest: •t .' on' RAL By: tia? Teak J. Simonton, Clerk to the Board CONTRACTOR: HEINRICH MARKETING, INC., a Colorado corporation By: ftilid ( ill'lli Its: ?7C//7(%//7C. )/l`C'C C%'/� .J 1 1 1 1 4