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HomeMy WebLinkAboutC18-335 ERO Resources CorporationSECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND ERO RESOURCES CORPORATION THIS SECOND AMENDMENT (“Second Amendment”) is effective as of _________________, by and between ERO Resources Corporation, a Colorado corporation (hereinafter “Consultant” or “Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, County and Consultant entered into an agreement dated the 2nd day of February, 2018 for certain Services (the “Original Agreement”) and a First Amendment to the Original dated June 23, 2018 (the “First Amendment”); and WHEREAS, the First Amendment contemplated that the Consultant would perform certain duties with compensation in an amount not to exceed $39,761; and WHEREAS, County and Consultant desire by this Second Amendment to expand the scope of Services and compensation as set forth in the Original Agreement and First Amendment. SECOND 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 and First Amendment shall be amended to include additional Services as described in Exhibit 1, which is attached hereto and incorporated herein by reference. 2. The compensation for the additional Services set forth in Exhibit 1 shall not exceed $14,000 or a total maximum compensation under the Original Agreement, First Amendment and this Second Amendment of $53,761. 3. Capitalized terms in this Second Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Second Amendment conflict with, modify, or supplement portions of the Original Agreement or First Amendment, the terms and provisions contained in this Second Amendment shall govern and control the rights and obligations of the parties. 4. Except as expressly altered, modified and changed in this Second Amendment, all terms and provisions of the Original Agreement and First Amendment shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. DocuSign Envelope ID: 7CEA4EE5-59CD-43C0-A6FA-E68631B011DB 11/14/2018 2 Eagle County Am Scope and Comp Final 5/14 5. This Second Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Original Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: ______________________________ Jeff Shroll, County Manager CONSULTANT, ERO Resources Corporation By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: 7CEA4EE5-59CD-43C0-A6FA-E68631B011DB NR Planner/Principal Bill Mangle Hardscrabble Ranch Management Plan Phase 3 - Proposed Scope of Work October 26, 2018 Since February, ERO has been working with Eagle County staff and the planning team to conduct a thorough public and stakeholder outreach process and to identify concepts for the management and public use of the Hardscrabble Ranch property. This has been a robust planning process that has been well supported by stakeholders and the community. This proposed scope of work includes tasks associated with the public review and finalization of the plan. Specific tasks are summarized as follows: Public, Stakeholder, and Elected Official Input • Public open house to present the draft management plan • Presentation to the Town of Eagle Board of Trustees • Presentation to the Eagle County Open Space Advisory Committee • Presentations (2) to the Eagle County Board of County Commissioners (check in, and adoption) • Preparation of materials for above meetings, and associated expenses Final Management Plan Development • Revisions to management plan based on public/stakeholder input and new information • Formatting and layout of final management plan • Ongoing coordination with the planning team Estimated Additional Cost: $14,000.00 Time, milestones, and expenses will continue to be coordinated with Eagle County’s project manager. Any new or unexpected tasks significantly deviate from this proposed scope of work will be discussed with the Eagle County project manager prior to completion. DocuSign Envelope ID: 7CEA4EE5-59CD-43C0-A6FA-E68631B011DB