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T i <br />• f' ? , <br />Agency or Department Name <br />Division of t;? tias " <br />73epartment or Agency <br />iYumber <br />PDA <br />Con#raet Routing Nnmber <br />04 PDA 000 35 <br />C4NTRACTAMENDMEIWT # 2 <br />Administrative Support to the Governance Committee and Executive Airector for the Platte River Endangered Sgecies <br />Partnership <br />THIS AMENDNIENT, made this -3 day of 7U -u?"?2003, by an d between the State af Colorado for the use <br />and benefit of the Department of Natural Resaurces, Colorado Water Conservation Boazd, 1313 Shermatt Street, Room <br />721, Denver, CO 80203, hereinafter referred to as the Sta`.e, and Nebraska Cornmunity Foundation, 317 South 126 Street, <br />Suite 200, Lincaln, NE 68508, liereinafter refeired to as the contractor, <br />FACTUAL RECiTALS <br />Autharity exists in the Law and Funds have been budgeted, appropriated, and otherwise made available and a sufficient <br />unencumbered balance thereof remains available for payrnent; anfl <br />Required approval, clearance, and coordination has been accottTlished fram and with appropriate agencies; and <br />The parties entered into a contract dated 3uly 1, 1999, for financial management ar:d administrative support in the <br />imp]ementatian of the July 1997 Cooperative Agreement for Platte River Research and Other Efforts Relating to <br />Endangered Species Habitats Along the Central Platte River, Nebraska, the purpase for this aznendment is described <br />below. WHEREAS, the parties mutually agree that the confiract perforniance period needs tD be extended until March 31, 2004 to <br />allaw addirional time to complete an Endangered Species P,rogram; <br />r?ow ?xEFoRE, it is hereby agreed that <br />1. Consideration for this amendment to the original cantract, (FDA 40-00002 Contract Rnuting Niunber), (Contract <br />Enaumbrance Number, C153878, dated 7uly 1, 1999 consists af the payments which shall be made pursuant to this <br />amendment and the promises and agreements herein set farth. , <br />2. It is expressly agreed by the parties that this amendment.is supplemental to the original Gontract Routing Number <br />C153878 dated July l, 1999, as amended, Apri16, 2001, Contract Routing Number 01 PDA 00464 referted to as the <br />"original contraot," which is, by this reference, incorporated, and mac3e a part hereof, and all tezms, conditions, and <br />provisions thereoF, unless specificalay modifzed hexein, are to apply to this amendment as though they were expressly <br />rewritten, incorporated, and included herein. <br />3. It is agreed the original contract is and shall be modified, altered, and changed in the foitawing respects on1y: <br />a. B.5 Periomnance Period: The period of performance under this agzeement is extended though March 31, 2044 <br />b. Na State or other public funds payable under this Contract shall be used for the acquisition, ogeration or <br />maintenance of computer softvvare in viotation of United States copyright laws or applicable licensing restricrions. The <br />Contractor hereby certifies that, for the term of this Contract and a.ny extensions, the Contractor has in place appropriate <br />systems and controls to prevent such improper use of public funds. If the State determines that the Contractor is in <br />violation of this paragraph, the S tatc znay exereise any remedy available at law or eQuifiy or under this Contract, including, <br />without timitation, immediate terrnination of the Contract and any remedy consistent with United States copyright laws or <br />aggiicable licensing restrictions. Page l of 2 pages <br />