HomeMy WebLinkAboutC19-230 Foundation of Trustees for the Family Learning Center FIFTH AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND THE FOUNDATION OF TUSTEES FOR THE FAMILY LEARNING CENTER THIS FIRST AMENDMENT (“First Amendment”) is effective as of _______________, by and between The Foundation of Trustees for the Family Learning Center a Colorado Nonprofit 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 3rd day of January, 2017, for certain Services (the “Original Agreement”) (C17-006); and WHEREAS, by a First Amendment dated the 19th day of September, 2017 the parties increased the compensation to include COLA funding; and WHEREAS, by a Second Amendment dated the 6th day of December, 2017 the parties extended the term of the agreement to December 31, 2018; and WHEREAS, by a Third Amendment dated the 10th day of April, 2018 the parties amended certain provisions in the Original Agreement. WHEREAS, by a Fourth Amendment dated the 3rd of August, 2018 the parties increased the compensation to increase COLA funding and extended the term of the agreement to December 31st, 2019. WHEREAS, the County and Consultant desire by a Fifth Amendment to increase the compensation of the agreement to include COLA funding. FIFTH 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 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 $7,834.00 or a total maximum compensation under the Original Agreement and this Fifth Amendment of $255,888.00 3. Capitalized terms in this Fifth Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Fifth DocuSign Envelope ID: 965C0FD8-6F8F-4208-8120-9AECDE646F32 6/25/2019 2 Eagle County Am Scope and Comp Final 5/14 Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this Fifth Amendment shall govern and control the rights and obligations of the parties. 4. Except as expressly altered, modified and changed in this Fifth 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. 5. This Fifth Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Fifth Amendment to the Original Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ______________________________ Jeanne McQueeney, Chair Attest: By: _________________________________ Regina O’Brien, Clerk to the Board CONSULTANT By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: 965C0FD8-6F8F-4208-8120-9AECDE646F32 Katelyn Self Site Director