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Home My WebLink AboutC15-216 State of Colorado Local Affairs CDBG Amendment #2.• CDBG #13 -589 -Eagle County BLF CONTRACT AMENDMENT Amendment #: 2 1 Encumbrance M F14CDB13589 Original Contract CMS #: 59820, 76978 1 Amendment CMS #: 79596 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 adds a provision for retroactive payment/reimbursement that was inadvertently omitted from the original Contract. 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 2, Effective Date and Notice of Nonliability is modified by deleting the 2nd sentence in its entirety: "The Department shall not be obligated to pay or reimburse Grantee for any performance hereunder, including, but not limited to costs or expenses incurred, or be bound by any provision of this Grant prior:" and inserting in lieu thereof the following: "Except as provided in §9(B)(v), the State shall not be obligated to pay or reimburse Grantee for any performance hereunder, including, but not limited to costs or expenses incurred, or be bound by any provision of this Grant prior:" b. Contract, Section 6, Statement of Project is modified by inserting the following after the 1St sentence and before the 2nd sentence: "Except as specified in §2 above, the State shall not be liable to compensate Grantee for any Work performed prior to the Effective Date or after the termination of this Grant." Page 1 of 3 CDBG #13-589— Eagle County BLF c. Contract, Section 9, Payments to Grantee Section 9(B) Payments is modified by the addition of the following new subsection: Retroactive Payments T e State shall pay Grantee for costs or expenses incurred or performance by the Grantee prior to the E fective Date, only if (1) the Grant Funds involve federal funding and (2) federal laws, rules and r ulations applicable to the Work provide for such retroactive payments to the Grantee. Any such rOtroactive payments shall comply with State Fiscal Rules and be made in accordance with the provisions of this Grant or such Exhibit. Grantee shall initiate any payment request by submitting invoices to the State in the form and manner set forth and approved by the State." 7) START DATE This Amendment shall take effect on the later of its Effective Date or May 15, 2015. 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 2 of 3 r 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 EAGLE COUNTY, Colorado By: Kathy Chandler - Henry Title: hair, ]Eagle ;County Board of Co issioners *Signature D to STATE OF COLORADO John W. Hickenlooper, GOVERNOR Department of Local Affairs H er, ecutive Director ate X S PRE -A - I CONTRACT REVIEWER o ert Tod , CDBG /OEDIT 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 SE -MARM Janet Miks, CPA, Controller Delegate Date: Page 3 of 3