HomeMy WebLinkAboutC22-252 Mountain Recreation_third amendmentTHIRD AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND MOUNTAIN RECREATION THIS THIRD AMENDMENT (“Third Amendment”) is effective as of the _______________, 2022 by and between Mountain Recreation (hereinafter “Consultant” or “Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, County and Consultant entered into an original agreement (C19-263) dated the 31st day of July, 2019, for certain Services (the “Original Agreement”); and WHEREAS, by a First Amendment (C20-277) dated the 26 day of July, 2020 the parties extended the term of the Original Agreement through July 31st 2021 and amended the scope and compensation; and WHEREAS, by a Second Amendment (21-243) dated the 13 day of July, 2021 the parties extended the term of the Original Agreement through July 31st 2022 and amended the scope and compensation; and WHEREAS, the term of the Original Agreement expires on the 31st day of July, 2022 and the parties desire to extend the term for an additional year and to modify the scope and compensation. THIRD 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 $2,000.00 or a total maximum compensation under the Original Agreement, First Amendment, Second Amendment and this Third Amendment of $8,620. 3. The term of the Original Agreement is hereby extended to the 31 day of July, 2023. 4. Capitalized terms in this Third Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Third Amendment conflict with, DocuSign Envelope ID: 3246E1BA-2940-4114-B3C8-E009515F98AA 6/30/2022 modify or supplement portions of the Original Agreement, the terms and provisions contained in this Third Amendment shall govern and control the rights and obligations of the parties. 5. Except as expressly altered, modified and changed in this Third Amendment, all terms and provisions of the Original Agreement, as modified by the First and Second Amendment, shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. 6. This Third Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Third 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 By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: 3246E1BA-2940-4114-B3C8-E009515F98AA Janet Bartnik Executive Director EXHIBIT 1 SCOPE OF SERVICES, SCHEDULE, FEES Consultant shall provide a trained and qualified exercise instructor to provide exercise classes appropriate for older adults. The Services shall generally be provided each week during the term of this Agreement on the following days and times: • Tuesday 11:00a – 12:00p • Thursday 11:00a – 12:00p The Parties acknowledge that Consultant intends to have its employees teach the classes at the Golden Eagle Senior Center at 715 Broadway in Eagle, CO. Eagle County shall pay Consultant $20.00 per class actually taught subject to the not to exceed amount set forth in this agreement. Invoices shall be submitted at the end of each month to phinvoices@eaglecounty.us and carly.rietmann@eaglecounty.us for all classes taught in the given month. DocuSign Envelope ID: 3246E1BA-2940-4114-B3C8-E009515F98AA