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HomeMy WebLinkAboutC09-486 CWIN Agreement AmendmentEIAF #5109 -Eagle County DTR Expansion -WIN CONTRACT AMENDMENT Amendment #: 6 Encumbrance #: F06S5109 Original Contract CMS or CLIN #: 00374, 00415, 01871, 00886, 09-705, 09-1029 Amendment CMS #: 1) PARTIES This Amendment to the above-referenced Original Contract (hereinafter called the Contract) is entered into by and between the Board of County Commissioners, County of Eagle (hereinafter called "Contractor"), and the STATE OF COLORADO (hereinafter called the "State") acting by and through the Department of Local Affairs, (hereinafter called "DOLA"). 2) EFFECTIVE DATE AND ENFORCEABILITY This Amendment shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee (hereinafter called the "Effective Date"). The State shall not be liable to pay or reimburse Contractor for any performance hereunder including, but not limited to, costs or expenses incurred, or be bound by any provision hereof prior to the Effective Date. 3) FACTUAL RECITALS The Parties entered into the Contract for expanding the state's 800 MHZ digital trunk radio (DTR) system by adding five sites. 4) CONSIDERATION-COLORADO SPECIAL PROVISIONS The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Amendment. The Parties agree to replacing the Colorado Special Provisions with the most recent version (if such have been updated since the Contract and any modification thereto were effective) as part consideration for this Amendment. 5) LIMITS OF EFFECT This Amendment is incorporated by reference into the Contract, and the Contract and all prior amendments thereto, if any, remain in full force and effect except as specifically modified herein. 6) MODIFICATIONS The Amendment and all prior amendments thereto, if any, are modified as follows: a. Scope of Services: #4 Budget: is modified by deleting the current Budget and inserting new Budget. "Budget. Revenues Energy/Minerallmpact-GRANT $1,865,188 Contractor In-Kind $ 558,806 Division of Information Technology $ 412,935 Total $2,836,929 Expenditures Beaver Creek to King (Vail $ 648,704 PHQ) Blowout Mountain $ 615,238 Lower Dowd $ 356,615 Castle Upper (Beacon & Vail $ 562,661 PHO) Wolcott (Bellyache Ridge $ 653,711 Total $2,836,929" 7) START DATE This Amendment shall take effect on the later of its Effective Date or December 11, 2009. 8) ORDER OF PRECEDENCE Except for the Special Provisions, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the Contract, the provisions of this Amendment shall in all respects supersede, govern, and control. The most recent version of the Special Provisions incorporated into the Contract or any amendment shall always control other provisions in the Contract or any amendments. Page 1 of 3 11 /20/08 EIAF #5109 -Eagle County DTR Expansion -WIN 9) AVAILABLE FUNDS Financial obligations of the state payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, or otherwise made available. Page 2 of 3 Form Revised: 11/20/08 EIAF #5109 -Eagle County DTR Expansion -WIN THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT * Persons signing for Contractor hereby swear 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. CONTRACTOR STATE OF COLORADO Board of County Commissioners, Bill Ritter, Jr. GOVERNOR County of Eagle -~ , - Department of Local Affairs %- By: ~,~~:% ~ ~.,~q ,~~~~,~ Name of Authorized Indivi ual By: ~-1/~~ Title: ~ 1 ,~(1 ~~~ ~'~.~~. ~ l~ ~ V ~~-~ Susan E. Kirkpatrick, Executive Director Official Title of Aut iced In ~ I Date: y/ f ~°/ ~- ~% '~~ ' PRE-APPROVED FORM CONTRACT REVIEWER *Signature ~ IC By. S U Date: I? ' Teri Davis, Director of Local Government Services ~ I Date: ~ ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or services provided hereunder_ STATE CONTROLLER David J. McDermott, CPA By: Yingtse Cha, Controller Delegate Date: Page 3 of 3 Form Revised: 11/20/08