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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." Page 1 of 3 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 $2,716,000" 7) START DATE This Amendment shall take effect on the later of its Effective Date or July 15, 2017. 8) ORDER OF PRECEDENCE Except for the Special Provisions, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the Contract, the provisions of this Amendment shall in all respects supersede, govern, and control. The most recent version of the Special Provisions incorporated into the Contract or any amendment shall always control other provisions in the Contract or any amendments. 9) AVAILABLE FUNDS Financial obligations of the state payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, or otherwise made available. Page 2 of 3 CDBG 16-602 -Eagle County BLF CMS # 103046 THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's behalf and acknowledge that the State is relying on their representations to that effect. CONTRACTOR EAGLE COUNTY, Colorado By: Jillian H. Ryan Title: Chair, Eagle County Bo of Commissioners 'Sign ture Date STATE OF COLORADO John W. Hickenlooper, GOVERNOR Department of Local Affairs By:---- j — ----- Iry Halter, xecu pve Director D to PRE-PSarh VED CONTRACT REVIEWER razier, Fe er I Grants Manager ae ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER Robert Jaros, CPA By: 7ikr$PA, Controller Delegate Date: L,,c If -7 Page 3 of 3