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Home My WebLink AboutC15-113 CDBG Economic Development Grant Amendment fr CDBG#13-589—Eagle County BLF CONTRACT AMENDMENT Amendment#: 1 Encumbrance#: F14CDB13589 Original Contract CMS #: 59820 Amendment CMS #: 76978 1) PARTIES This Amendment to the above-referenced Original Contract (hereinafter called the Contract) is entered into by and between EAGLE COUNTY, Colorado (hereinafter called "Contractor"), and the STATE OF COLORADO (hereinafter called the"State") acting by and through the Colorado Department of Local Affairs (the "Department")for the benefit of the Division of Local Government. 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 to provide Community Development Block Grant ("CDBG") funds to the Contractor to continue a Business Loan Fund ("BLF"). This amendment increases the Project Budget. 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 Contract and all prior amendments thereto, if any, are modified as follows: a. Contract, Section 9, Payments to Grantee Section 9.A. Maximum Amount is modified by deleting the amount"Five Hundred Eighty Thousand and no/100 ($580,000.00)"and inserting in lieu thereof the amount"One Million Forty Four Thousand and No/100 ($1,044,000.00)". b. Exhibit B, Statement of Project, Section 3. Deliverables Section 3.2 Outcome, Subsection 3.2.1 is modified by deleting "twenty nine (29)full-time equivalent permanent jobs" and inserting in lieu thereof"fifty three (53)full-time equivalent permanent jobs". c. Exhibit B, Statement of Project, Section 5. Payment Section 5.1 Payment Schedule is modified by deleting in its entirety the existing payment schedule table: "Payment Amount Interim or Final $580,000.00 Paid upon receipt of required supporting documentation and written Payment(s) requests from the Grantee for eligible and approved projects or activities. Total $580,000.00" Page 1 of 4 �� 113' CDBG#13-589—Eagle County BLF and inserting in lieu thereof the following payment schedule table: "Payment Amount Interim or Final $1,044,000.00 Paid upon receipt of required supporting documentation and written Paymeit(s) requests from the Grantee for eligible and approved projects or 44 activities. Total $1,044,000.00" d. Exhibit B, Statement of Project, Section 7. Project Budget Section 7. Project Budget is modified by deleting in its entirety the existing budget table and inserting in lieu thereof the following budget table: Other Funds "Activity Total _ CDBG Funds (minimum of) Source REVENUE CDBG Funds $1,044,000 $1,044,000 CDBG Grantee'Sub-grantee $40,000 $40,000 Sub-grantee Other Leveraged Funds Leveraged (minimum of) $2,088,000 $2,088,000 Sources 710TAL REVENUE $3,172,000 $1,044,000 $2,128,000 f EXPENDITURES Business Financial Assistance(CDBG 18A) $880,000 $880,000 CDBG• Opti nal: Micro- enterpri a Business Financil Assistance Opti nal: Micro- enterp • e Business Techni al Assistance nal O ti : Feasibi 'ty/Planning $20,000 $20,000 CDBG Studies Administration $184,000 $144,000 $40,000 Sub- (CDBG 21A) grantee/CDBG Other: $2,088,000 $2,088,000 Leveraged sources TOTAL $3,172,000 $1,044,000 $2,128,000" EXPENDITURES 7) START DATE This Amendment shall take effect on the later of its Effective Date or February 20, 2015. Page 2 of 4 I A CDBG#13-589—Eagle County BLF 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. 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. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 3 of 4 'L H CDBG#13-589 Eagle County BLF 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 EAGLE COUNTY,Colorado John W. Hickenlooper,GOVERNOR Department of Local Affairs By: Kathy Chandler-Henry Title: Chair, Eagle County Board of Commi sioners � I /.ur _ .41L«1 ` Bfira___ I *Signature i E utive I ector )1' /r Date • Date €A D1 ORM CONTRACT REVIEWER By: Robert Todd, CDBG/OEDIT 5 -3,0 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 Robert Jaros, CPA By: Janet Mika,Controller Delegate Date: 41/2.2k Page 4 of 4