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HomeMy WebLinkAboutC15-374 Department of Local Affairs, Division of Housing CONTRACT AMENDMENT Amendment#1 Original Contract CMS #72802 Encumbrance #H4CDB14021 Amendment CMS # 1) PARTIES This Amendment to the above-referenced Original Contract(hereinafter called the Contract) is entered into by and between Eagle County(hereinafter called "Contractor"), and the STATE OF COLORADO (hereinafter called the"State") acting by and through the Department of Local Affairs, Division of Housing, (hereinafter called the "CDOH"). 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 assistance for the Down Payment Assistance(DPA) program serving households at 80% or below of Area Median Income(AMI). Due to a slow start, Grantee is requesting a time of performance extension to allow time to complete the contract obligations. 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. §6 of Exhibit A,Time of Performance is modified to read: "The Project shall commence upon the full and proper execution of this Contract and the completion of the appropriate environmental review, and shall be completed on or before March 31, 2016. However, the Project time of performance may be extended by amendment, subject to mutual agreement of the State and Contractor. To initiate this process, a written request shall be submitted to the State by the Contractor at least sixty(60) days prior to March 31,2016, and shall include a full justification for the extension request. b. The following Exhibit D, Project Performance Plan goals and timelines are deleted: Close 11=3 loans each quarter. For Grantees serving multiple counties, indicate in which county the loan was provided by: 4th Quarter 2014 1st Quarter 2015 2nd Quarter 2015 3rd Quarter 2015 Submit quarterly reports within 20 calendar days after each quarter, which includes: Project Performance Plan accomplishments and Financial Status Report by: 4th Quarter 2014 1st Quarter 2015 2nd Quarter 2015 3rd Quarter 2015 Page 1 of 3 Effective Date: 1/1/11 C.is-3�c1 Eagle County will provide verification of CDBG Pre and Post Award Public Hearings which will be submitted to DOH with Project Close Out by: 4th Quarter 2015 Verify all persons in the household 18 years of age are lawfully present in the United States (C.R.S. 24-76.5) by: 4th Quarter 2014 Submit the Project Completion Report (PCR)to DOH 1 month after the contract expires by: 4th Quarter 2015 Replaced with the following Exhibit D, Project Performance Plan goals and timelines: Close 11-22 loans each quarter. For Grantees serving multiple counties, indicate in which county the loan was provided by: 4th Quarter 2014 1st Quarter 2015 2nd Quarter 2015 3rd Quarter 2015 4th Quarter 2015 1st Quarter 2016 Submit quarterly reports within 20 calendar days after each quarter, which includes: Project Performance Plan accomplishments and Financial Status Report by: 4th Quarter 2014 1st Quarter 2015 2nd Quarter 2015 3rd Quarter 2015 4th Quarter 2015 1st Quarter 2016 Eagle County will provide verification of CDBG Pre and Post Award Public Hearings which will be submitted to DOH with Project Close Out by: 1st Quarter 2016 Verify all persons in the household 18 years of age are lawfully present in the United States (C.R.S. 24-76.5) by: 2nd Quarter 2016 7) START DATE This Amendment shall take effect on the later of its Effective Date or September 30, 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. Page 2 of 3 Effective Date: 1/1/11 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 John W. Hickenlooper, GOVERNOR Eagle County Department of Local Affairs By: Title: By: Iry Halter, Executive Director 411 , IA iL L. / �d' . ALL I *Signature • PRE-APPROVED FORM CONTRACT REVIEWER By: Carrie Kronberg, Housing Programs Manager 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, MBA,JD By: Janet Miks, CPA,Controller Delegate Date: Page 3 of 3 Effective Date: 1/1/11