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HomeMy WebLinkAboutC12-246 Patricia HammonFIRST AMENDMENT TO THE AGREEMENT BETWEEN EAGLE COUNTY AND PATRICIA HAMMON FOR VETERAN BENEFIT ASSISTANCE SERVICES THIS FIRST AMENDMENT ("First Amendment") is made and entered into this I I day of - turd; 2012 between Eagle County, Colorado (hereinafter referred to as ("County") and Patricia Hammon, an individual with a mailing address of P.O. Box 1660, Edwards, CO 81632 ("Contractor"). RECITALS WHEREAS, County and Contractor entered into an agreement dated January 17, 2012 for certain veteran benefit assistance services ("Original Agreement"); and WHEREAS, County and Contractor wish to amend the Original Agreement to modify the compensation due Contractor. FIRST AMENDMENT NOW, THEREFORE, County and Contractor agree that the Original Agreement is amended as provided herein. This First Amendment is effective July 1, 2012. 2. Section 4 of the Original Agreement concerning COMPENSATION is hereby deleted and replaced with the following language: "4.1 For the Contractor's Services provided hereunder, County shall pay to the Contractor a fee not to exceed $500.00 per month. 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 as set forth in an executed addendum between the parties. Fees will be invoiced no more frequently than monthly. Fees will be paid within thirty (30) days of receipt of a proper an invoice from Contractor. Upon request, Contractor shall provide County with such other supporting information as County may request. 4.2 County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. All invoices must be mailed or delivered in-person to the following address to ensure proper payment. Invoices sent by fax or email will not be accepted. Eagle County Health & Human Services Business Office 550 Broadway P.O. Box 660 Eagle, CO 81631 4.3 If, prior to payment of compensation or reimbursement for services but after submission to County of a request therefore by Contractor, County reasonably determines that payment as requested would be improper because the services were not performed as prescribed by the provisions of this Agreement, the County shall have no obligation to make such payment. If, at any time after or during the Tenn or after termination of this Agreement as hereinafter provided or expiration of this Agreement, County reasonably determines that any payment theretofore paid by County to Contractor was improper because the services for which payment was made were not performed as prescribed by the provisions of this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment to County. Upon termination of this Agreement as hereinafter provided or expiration of the Term, any unexpended funds advanced by County to Contractor shall forthwith be returned to County. 4.4 Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to the County nor shall any payment be made to the Contractor in excess of the amount for any work done in respect of any period after December 31 st of the calendar year of the Tenn of this Agreement, without the written approval in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. § 29-1-101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20)." 3. All terms and provisions of the Original Agreement not modified by this First Amendment shall remain in full force and effect. 4. This First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. 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 County Manager B Keith P. Montag, Count anager 2 Contractor t, By. Patricia Hamm STATE OF ) SS. COUNTY OF The foregoing instrument was acknowledged before me by(Ur►CiOL J . grtr'this 15f� day of wee , 2012. My commission expires: Notary Public Erik Martinez Notary Public, State of Colorado My Commission 410149 Ae*MW 14, 2013