HomeMy WebLinkAboutC18-049 Colorado Department of Local AffairsCDBG 16-602 —Eagle Cormty BLF
CONTRACT AMENDMENT
Amendment #: 3
Encumbrance #: F16CDB16602
Original Contract CMS #: 87837, 92827,
103046
Amendment CHIS #: 107853
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 iob creation and/or retention. Grantee has
been awarded $464,000 in additional Grant Funds for this Project. This Amendment revises and
increases the Project Budget, and extends the performance period, 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 5, Term
Subsection A, Initial Term -Work Commencement is modified by deleting the 2`� sentence and
inserting the following in lieu thereof:
"This Grant shall terminate on March 31, 2020 unless sooner terminated or further extended as
specified elsewhere herein"
b. Grant Agreement, Section 9, Payments to Grantee
Subsection 9.A, Maximum Amount is modified by deleting the 1st sentence and inserting the following
in lieu thereof:
"The maximum amount payable under this Grant to Grantee by the Department shall be One
Million Seven Hundred Ninety Two Thousand and 00/100 dollars ($1,792,000.00) as
determined by the Department from available funds"
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CDBG 16-602 —Eagle County BLF
c.
Exhibit B, Section 3, Deliverables
Subsection 3.2, Outcome, Subsection 3.2.1 is modified by deleting the 1" sentence and inserting the
following in lieu thereof:
a National Objective described in §3.3.1 below is checked, the Grantee commits that at least
ninety (90) full-time equivalent permanent jobs will be directly created and/or retained through the
collective provision of CDBG funds."
d. Exhibit B, Section 5, Payment
Subsection 5.1, Payment Schedule is modified by deleting the current table and inserting the following
in lieu thereof:
"Pa meat
Amount
Interim or Final
$1,792,000
Paid upon receipt of required supporting
Payment(s)
CDBG Funds
documentation and written requests from the
Source
REVENUE
Grantee for eligible and approved projects or
activities.
Total
$1,792,000"
$1,792,000
e. Exhibit B, Section 7, Project Budget is modified by deleting the current table and inserting the
following in lieu thereof:
7) START DATE
This Amendment shall take effect on the later of its Effective Date or February 28, 2018.
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,
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Other Funds
"Activity
Total
CDBG Funds
(minimum ot)
Source
REVENUE
CDBG Funds
$1,792,000
$1,792,000
CDBG
Grantee/Subgrantee
$125,000
$125,000
Subgrantee
Other Leveraged Funds
$3,584,000
$3,584,000
Leverage Sources
(rninimtun Or)
TOTAL REVENUE
$595019000
$1,792,000
$31709,000
EXPENDITURES
Business Financial
$1,516,000
$155167000
CDBG
Assistance (18A)
Optional: Micro -
enterprise Business
Financial Assistance
Optional: Micro-
$207000
$207000
enterprise Business
Technical Assistance
Optional:
Feasibi lity/Pl inning
Studies
Administration
$381,000
$2567000
$125,000
Subgrantee/CDBG
(21A)
Other:
$3,5843000
$3,584,000
Levers e Sources
TOTAL
$55501,000
$1,792,000
$3,709,000"
EXPENDITURES
7) START DATE
This Amendment shall take effect on the later of its Effective Date or February 28, 2018.
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,
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CDBG 16-602 — Eagle County BL.F
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) AVAILADLE 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 # 107853
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
* Persons signing far 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: Cpair, Eagle County Bc
*Signature L
I /Z,-7&
Date
oners
By;
STATE OF COLORADO
in W. Hickenlooper, GOVERNOR
Department of Local Affairs
Iry Halter, E ecu ive Director
c7
D to
PRE -APPROVED
By;
Rachel H
Date
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all
REVIEWER
on Director
State Contracts. This Contract is not valid until
signed and dated below by the State Controller or delegate. Contractor is nvt 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:
� Alz
Yingtse Cha, Controller Delegate
Date:
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