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HomeMy WebLinkAboutC17-268 Colorado Dept. of Local Affairs Northwest Loan FundCDBG 16-602 — Eagle County BLF
CONTRACT AMENDMENT
Amendment #: 2 Encumbrance #: F16CDB16602
Original Contract CMS #: 87837, 92827 1 Amendment CMS #: 103046
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 Grantee to create and continue a Business Loan Fund (BLF), the primary purpose of
which is to encourage economic diversification and job creation and/or retention. Grantee has
been awarded $400,000 in additional Grant Funds for this Project. This Amendment revises and
increases the Project Budget as requested.
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. Grant Agreement, Section 9, Payments to Grantee
Subsection 9.A, Maximum Amount is modified by deleting the 1" sentence and inserting the following
in lieu thereof:
"The maximum amount payable under this Grant to Grantee by the Department shall be One
Atillion Three Hundred Twenty Eight Thousand and 00/100 dollars ($1,328,000.00) as
detennined by the Department from available funds."
b. Exhibit B, Section 3, Deliverables
Subsection 3.2, Outcome, Subsection 3.2.1 is modified by deleting the 15'sentence and inserting the
following in lieu thereof:
"If a National Objective described in §3.3.1 below is checked, the Grantee commits that at least
sixty-seven (67) full -lime equivalent permanent jobs will be directly created and/or retained throu:rh
the collective provision of CDBG funds."
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C17-268
CDBG 16-602 —Eagle County BLF
c. Exhibit B, Section 5, Payment
Subsection 5.1, Payment Schedule is modified by deleting the current table and inserting the following
in lieu thereof:
"Payment
Amount
CDBG Funds $1,328,000 $1,328,000 CDBG
Interim or Final
$1,328,000
Paid upon receipt of required supporting
Payment(s)
EXPENDITURES
documentation and written requests from the
Grantee for eligible and approved projects or
Business Financial Assistance
(18A)
Optional: Micro -enterprise
Business Financial Assistance
Optional: Micro -enterprise
Business Technical Assistance
Optional: Feasibility/Planning
Studies
$1,116,000
$20,000
activities.
Total
$1,328,000"
d. Exhibit B, Section 7, Project Budget is modified by deleting the current table and inserting the
following in lieu thereof:
Other Funds
"Activity Total CDBG Funds (minimum of) Source
REVENUE
CDBG Funds $1,328,000 $1,328,000 CDBG
Grantee/Subgrantee $60,000 $60,000 Subgrantee
Other Leveraged Funds (minimum of) $2,656,000 $1656,000 Leverage Sources
TOTAL REVENUE $4,044,000 1 $1,328,000 $2,716,000
EXPENDITURES
Business Financial Assistance
(18A)
Optional: Micro -enterprise
Business Financial Assistance
Optional: Micro -enterprise
Business Technical Assistance
Optional: Feasibility/Planning
Studies
$1,116,000
$20,000
$1,116,000
$20,000
CDBG
Administration
(21A)
$252,000
$192,000
$60,000
Subgrantee/CDBG
Other:
$2,656,000
$2,656,000
Leverage Sources
TOTAL EXPENDITURES
$4,044,000
$1,328,000
$2,716,000"
7) START DATE
This Amendment shall take effect on the later of its Effective Date or July 15, 2017.
8) ORDER OF PRECEDENCE
Except for the Special Provisions, in the event of any conflict, inconsistency, variance, or
contradiction between the provisions of this Amendment and any of the provisions of the Contract,
the provisions of this Amendment shall in all respects supersede, govern, and control. The most
recent version of the Special Provisions incorporated into the Contract or any amendment shall
always control other provisions in the Contract or any amendments.
9) AVAILABLE FUNDS
Financial obligations of the state payable after the current fiscal year are contingent upon funds for
that purpose being appropriated, budgeted, or otherwise made available.
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CDBG 16-602 -Eagle County BLF
CMS # 103046
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's
behalf and acknowledge that the State is relying on their representations to that effect.
CONTRACTOR
EAGLE COUNTY, Colorado
By: Jillian H. Ryan
Title: Chair, Eagle County Bo of Commissioners
'Sign ture
Date
STATE OF COLORADO
John W. Hickenlooper, GOVERNOR
Department of Local Affairs
By:---- j — -----
Iry Halter, xecu pve Director
D to
PRE-PSarh
VED CONTRACT REVIEWER
razier, Fe er I Grants Manager
ae
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until
signed and dated below by the State Controller or delegate. Contractor is not authorized to begin
performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not
obligated to pay Contractor for such performance or for any goods and/or services provided hereunder.
STATE CONTROLLER
Robert Jaros, CPA
By:
7ikr$PA, Controller Delegate
Date: L,,c If -7
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