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HomeMy WebLinkAboutC25-023 Northwest Colorado Council of Governments_first amendment FIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND NORTHWEST COLORADO COUNCIL OF GOVERNMENTS THIS FIRST AMENDMENT (“First Amendment”) is effective as of ________________ by and between Northwest Colorado Council of Governments a non-profit organization (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 7th day of June, 2022, for certain Services (C22-223, the “Original Agreement”); and WHEREAS, the Original Agreement contemplated that the Consultant would perform certain duties with an upfront payment not to exceed $428,000 and annual “Supplemental Payments” of $100,000 to leverage other funding sources for completion of the agreed upon scope of work; and WHEREAS, County and Consultant desire by this First Amendment to increase the amount of Supplemental Payments, as contemplated by Section 5 of the Original Agreement. FIRST 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 increase the Supplemental Payments, currently set at $100,000 per year in Section 5. Compensation of the Original Agreement, at the rate of 5% per year to account for inflation. The 5% increase to the Supplemental Payments shall increase the total compensation during the Term of the Original Agreement in an amount not to exceed $52,564, with calculations detailed below: i. Fiscal year 2024: $100,000 x 1.05 = $105,000 ii. Fiscal year 2025: $105,000 x 1.05 = $110,250 iii. Fiscal year 2026: $110,250 x 1.05 = $115,763 iv. Fiscal year 2027: $115,763 x 1.05 = $121,551 2. Capitalized terms in this First Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the First Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this First Amendment shall govern and control the rights and obligations of the parties. Docusign Envelope ID: ACB4EE11-CC20-40A7-9F35-FBCE0171242B 1/7/2025 2 Eagle County Am Scope and Comp Final 4/28/2022 3. Except as expressly altered, modified and changed in this First 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. 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 First 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: ___________________ Stacey Jones Chief Deputy Clerk and Recorder CONSULTANT: By: ______________________ Doug Jones, Director, Energy Program Docusign Envelope ID: ACB4EE11-CC20-40A7-9F35-FBCE0171242B Matt Scherr, Chair _______________________