HomeMy WebLinkAboutC13-069 Heinrich Marketing IncFIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY AND and HEINRICH MARKETING, INC. THIS FIRST AMENDMENT ("Amendment") is made and entered into this 218 day of March, 2013, between Eagle County, by and through its Board of County Commissioners (hereinafter referred to as "County") and Heinrich Marketing, Inc. a Colorado corporation, with a mailing address of 2228 Blake Street, Suite 200, Denver, CO 80205 ("Contractor"). WHEREAS, County and Contractor entered into an Agreement dated January 10, 2013 whereby the Contractor 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, County and Contractor wish to amend the terms of the Original Agreement to change the term and the remuneration paid to Contractor for Services performed. NOW, THEREFORE, County and Contractor agree that the Original Agreement will be amended as follows: 1. Article 2, Term of Agreement, Section 2. 1, shall be deleted and replaced with the following: 2.1 This Agreement shall commence on January 10, 2013 and, subject to the provisions of Section 2.2, shall continue in full force and effect until June 30, 2013. The term of this Agreement may be extended for up to two additional one-year terms upon written agreement of the parties. The hourly rate set forth in Section 4.1 shall be in effect for any subsequent term. 2. Article 4, Remuneration, Section 4. 1, 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 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, 2013 shall not exceed $? 1,136 45, which amount shall be frilly expended by .Tune 30, 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 (3 0) 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. 3. 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 and hereby are ratified and confirmed in all respects as of the date hereof. 4. This Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. 5. If any conflict exists between the provisions of this Amendment and the Original Agreement, the provisions this Amendment shall control. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: Keith Mon ag, County Ma ger [SIGNATURE PAGE TO FOLLOW] HEINRICH MARKETING, INC., a Colorado Corporation f Y� Managing Director Title: STATE OF COLORADO } ss County of I--(�vv ) The foregoing was acknowledged before me this qday of 0.1 t �_ , 2013 by Ck `� >l1( SIF' YU Q of Heinrich Marketing. Witness my hand and official seal. My commission expires: MY GommiSSion Expires June 13, 2016 Notary Jpt�l.`1 %lBSON Notary Public State of Colorado