HomeMy WebLinkAboutC08-231DEPARTMENT OR AGENCY NAME COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT PSD WIC DEPARTMENT OR AGENCY NUMBER FLA CONTRACT ROUTING NUMBER 09-00556 LIMITED AMENDMENT FOR TASK ORDERS #2 This Limited Amendment is made this 24th day of uJ ly, 2008, by and between the State of Colorado, acting by and through the DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT. DIVISION OF PREVENTION SERVICES, whose address or principal place of business is 4300 Cherry Creek Drive South, Denver, Colorado 80246, hereinafter referred to as the "State"; and, BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, 500 Broadway, Eagle, Colorado, 81631-0850 for the use and benefit of the EAGLE COUNTY HEALTH & HUMAN SERVICES, (a political subdivision of the State of Colorado), whose address or principal place of business is 551 Broadway, Eagle. Colorado 81631, hereinafter referred to as the "Contractor". FACTUAL RECITALS The parties entered into a Master Contract, dated January 23, 2007, with contract routing number 08 FAA 00016. Pursuant to the terms and conditions of the Master Contract, the parties entered into a Task Order Contract, dated Ausust 20, 2007 with contract encumbrance number PO FLA WIC0800442, and contract routing number 08 FLA 00442, as amended by Limited Amendment for Task Orders #1, routing No. 08-00825, collectively referred to herein as the "Original Task Order Contract, whereby the Contractor was to provide to the State the following: Administration of a component of the WIC Program within an approved service area. Service includes, but is not limited to, nutrition education and the provision of certain nutritional foods to pregnant, lactating and postpartum women, and children under five (5) years of age, whose income falls below specified levels and have an identifiable nutrition risk factor, as described in 7 CFR, Part 246, and the State's WIC Program Procedure Manual. The State promises to pay the Contractor the sum of One Hundred Seventy Five Thousand Five Hundred Sixty Nine Dollars, ($175,569.00) in exchange for the promise of the Contractor to continue to perform the work identified in the Original Task Order Contract for the renewal term of One year, ending on September 30, 2009. NOW THEREFORE, in consideration of their mutual promises to each other, stated below, the parties hereto agree as follows: Page 1 of 3 1. Consideration for this Limited Amendment to the Original Task Order Contract consists of the payments and services that shall be made pursuant to this Limited Amendment, and promises and agreements herein set forth. 2. It is expressly agreed to by the parties that this Limited Amendment is supplemental to the Original Task Order Contract, contract routing number 08 FLA 00442, referred to herein as the Original Contract, which is by this reference incorporated herein. All terms, conditions, and provisions thereof, unless specifically modified herein, are to apply to this Limited Amendment as though they were expressly rewritten, incorporated, and included herein. 3. It is expressly agreed to by the parties that the Original Task Order Contract is and shall be modified, altered, and changed in the following respects only: A. This Limited Amendment is issued pursuant to paragraph 5 of the Original Task Order Contract identified by contract routing number 08 FLA 00442. This Limited Amendment is for the renewal term of October Ol, 2008, through and including September 30, 2009. The maximum amount payable by the State for the work to be performed by the Contractor during this renewal term is One Hundred Seventy Five Thousand Five Hundred Sixty Nine Dollars, ($175,569.00) for an amended total financial obligation of the State of THREE HUNDRED FIFTY ONE THOUSAND ONE HUNDRED THIRTY EIGHT DOLLARS, ($351,138.00). The Original Task Order Contract is modified accordingly. All other terms and conditions of the Original Task Order Contract are reaffirmed. 4. The effective date of this Limited Amendment is 10/01/2008, or upon approval of the State Controller, or an authorized delegate thereof, whichever is later. 5. Except for the Special Provisions and other terms and conditions of the Master Contract and the General Provisions of the Original Task Order Contract, in the event of any conflict, inconsistency, variance, or contradiction between the terms and provisions of this Limited Amendment and any of the terms and provisions of the Original Task Order Contract, the terms and provisions of this Limited Amendment shall in all respects supersede, govern, and control. The Special Provisions and other terms and conditions of the Master Contract shall always control over other provisions of the Original Task Order Contract or any subsequent amendments thereto. The representations in the Special Provisions to the Master Contract concerning the absence of personal interest of state of Colorado employees and the certifications in the Special Provisions relating to illegal aliens are presently reaffirmed. 6. FINANCIAL OBLIGATIONS OF THE STATE PAYABLE AFTER THE CURRENT FISCAL YEAR ARE CONTINGENT UPON FUNDS FOR THAT PURPOSE BEING APPROPRIATED, BUDGETED, AND OTHERWISE MADE AVAILABLE. Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Limited Amendment on the day first above written. * Persons signing for Contractor hereby sweat and affirm that they are authorized to act on Contractor's behalf and acknowledge that the State is relying on their representations to that effect and accept personal responsibility for any and all damages the State may incur for any errors in such representation. CONTRACTOR: Board of County Commissioners of Eagle County for the use and benefit of the Eagle County Health & Human Services (a political subdivision of the State of Colorado) __-- By: Name• ~ Title: ' STATE: STATE OF COLORADO Bill Ritter, Jr. Governor By: For the Executive Director DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT By: PROGRAM APPROVAL: ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts. This limited amendment is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for goods and/or services provided. STATE CONTROLLER David J• McDermott, CPA By: Date: Page 3 of 3