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CONTRACT AMENDMENT <br /> Amendment#1 Original Contract CMS(CLIN)#51454 Amendment CMS#62308 <br /> 1) PARTIES <br /> This Amendment to the above-referenced Original Contract(hereinafter called the Contract)is entered into by <br /> and between San Luis Valley Irrigation District(hereinafter called"Contractor"),and the STATE OF <br /> COLORADO(hereinafter called the"State")acting by and through the Department of Natural Resources, <br /> Colorado Water Conservation Board,(hereinafter called the"CWCB"). <br /> 2) EFFECTIVE DATE AND ENFORCEABILITY <br /> This Amendment shall not be effective or enforceable until it is approved and signed by the Colorado State <br /> Controller or designee(hereinafter called the"Effective Date").The State shall not be liable to pay or reimburse <br /> Contractor for any performance hereunder including,but not limited to,costs or expenses incurred,or be bound <br /> by any provision hereof prior to the Effective Date. <br /> 3) FACTUAL RECITALS <br /> The Parties entered into the Contract for Project management for the Rio Grande Reservoir owned and operated <br /> by the San Luis Valley Irrigation District. The contract is being amended to add Rio Grande Decision Support <br /> System update(RGDSS)into Task#4. <br /> 4) CONSIDERATION-COLORADO SPECIAL PROVISIONS <br /> The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable <br /> consideration are sufficient and adequate to support this Amendment. <br /> 5) LIMITS OF EFFECT <br /> This Amendment is incorporated by reference into the Contract,and the Contract and all prior amendments <br /> 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. Each occurrence of Exhibit A is being replaced by Exhibit A-1. <br /> b. Exhibit A is being amended and the budget is being replaced by the budget specified in Exhibit A-1. <br /> c. 7.A. Maximum Amount <br /> The maximum amount payable under this Contract to Contractor by the State is$239,360,as <br /> determined by the State from available funds. This sentence is being replaced by: "The maximum <br /> amount payable under this Contract to Contractor by the state is$391,215,as determined by the <br /> State from available funds." Payments to Contractor are limited to the unpaid obligated balance of <br /> the Contract set forth in Exhibit A-1. <br /> Up to$239,360 is payable in FY13 <br /> $391,215 less the amount paid in <br /> FY2013,is payable in FY14. <br /> 7) START DATE <br /> This Amendment shall take effect on the later of its Effective Date or November 30,2013. <br /> 8) ORDER OF PRECEDENCE <br /> Except for the Special Provisions,in the event of any conflict,inconsistency,variance,or contradiction between <br /> the provisions of this Amendment and any of the provisions of the Contract,the provisions of this Amendment <br /> shall in all respects supersede,govern,and control.The most recent version of the Special Provisions <br /> incorporated into the Contract or any amendment shall always control other provisions in the Contract or any <br /> amendments. <br /> 9) AVAILABLE FUNDS <br /> Financial obligations of the state payable after the current fiscal year are contingent upon funds for that purpose <br /> being appropriated,budgeted,or otherwise made available. <br /> The Rest of this page is intentionally left blank. <br /> Page 1 <br />