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CONTRACT AMENDMENT <br />Amendment #2 to Original Contract CLIN Amendment CMS # <br />C150407 #08PDA00049 <br />1) PARTIES <br />This Amendment to the above-referenced Original Contract (hereinafter called the Contract) is <br />entered into by and between City of Grand Junction Water Utility Enterprise (hereinafter called <br />"Contractor"), and the STATE OF COLORADO (hereinafter called the "State") acting by and through <br />the Department of Natural Resources; Colorado Water Conservation Board (hereinafter calted the <br />"DNR/CWCB"). <br />2) EFFECTIVE DATE AND ENFORCEABILITY <br />This Amendment shall not be effective or enforceable unti� it is approved and signed by the Colorado <br />State Controller or designee (hereinafter called the "Effective Date"), but shall be effective and <br />enforceable thereafter in accordance with its provisions. The State shall not be liable to pay or <br />reimburse Contractor for any performance hereunder, including, but not limited to costs or expenses <br />incurred, or be bound by any provision hereof prior to the Effective Date. <br />3) FACTUAL RECITALS <br />The Parties entered into the Contract to perform the Water Needs Assessment for the Yampa/White <br />and Colorado River Basins. <br />An extension request is needed due to presentations of the final deliverables to the Colorado Basin <br />and the White/Yampa Basin Roundtables. <br />4) CONSIDERATION <br />Consideration for this Amendment consists of the payments to be made hereunder and the <br />obligations, promises, and agreements herein set forth. <br />5) LIMITS OF EFFECT <br />This Amendment is incorporated by reference into the Contract, and the Contract and all prior <br />amendments thereto, if any, remain in full force and effect except as specifically modified herein. <br />6) MODIFICATIONS. <br />The Contract and all prior amendments thereto, if any, are modified as follows: <br />a. . Paragraph 4.1 is amended to read as follows: "This contract shall be effective upon approval <br />by the Colorado State Controller, or designee, (the "Effective Date") and extend through March 31, <br />2011. PerFormance of this contract shall commence as soon as practicable after the Effective Date <br />and shall be undertaken and performed in the sequence and manner set forth in Exhibit A, "Scope <br />of Work". <br />b. The schedule for the Scope of Work attached to the Original Contract as Exhibit A, is replaced <br />with the revised schedule attached hereto as Exhibit B and incorporated herein. <br />7) EFFECTIVE DATE OF AMENDMENT <br />The effective date hereof is upon approval of the State Controller or their delegate. <br />8) ORDER OF PRECEDENCE <br />Except for the Special Provisions, in the event of any conflict, inconsistency, variance, or contradiction <br />between the provisions of this Amendment and any of the provisions of the Contract, the provisions of <br />this Amendment shall in all respects supersede, govern, and control. The most recent version of the <br />Special Provisions incorporated into the Contract or any amendment shall always control other <br />provisions in the Contract or any amendments. <br />9) AVAILABLE fUNDS <br />Financial obligations of the state payable after the current fiscal year are contingent upon funds for <br />that purpose being appropriated, budgeted, or otherwise maclP avai�ah�p <br />