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HomeMy WebLinkAbout8504RESOLUTION NO. 8504 " A RESOLUTION APPROVING A CONTRACT AMENDMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND THE STATE OF COLORADO RELATING TO TRANSPORTATION SAFETY AND AUTHORIZING THE PRESIDENT OF THE o „ CITY COUNCIL TO EXECUTE SAME WHEREAS, the City of Pueblo, on behalf of the Pueblo Police Department, has heretofore entered into a contract with the State of Colorado for the use and benefit of the Colorado Department of Transportation, Office of Transportation Safety for a project for improvement of transportation safety through promotion of seat belt and child seat use and other activities (the "Project ") which was approved by City Council Resolution No. 8074; and WHEREAS, the City Council of Pueblo has the authority to enter into contracts and contract amendments on behalf of the City of Pueblo, including its Police Department; and WHEREAS, the parties desire to extend the Project Contract term for an additional period and increase the contract amount pursuant to a Contract Amendment dated July 10, 1998, a true copy of which is attached hereto (the "Contract Amendment "); and WHEREAS, the State of Colorado requires a resolution by the City Council of the City of Pueblo formally approving the Contract Amendment for the Project and authorizing the proper signature to be affixed to the Contract Amendment indicating such approval; and WHEREAS, the undertaking of the Project as modified by the Contract Amendment is in the best interest of the City and will benefit the health, welfare and safety of the citizens of the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Contract Amendment dated July 10, 1998 between the City of Pueblo, a Municipal Corporation and the State of Colorado for the use and benefit of the Colorado Department of Transportation relating to transportation safety (Project No. NA 15), a true copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved subject to unencumbered appropriations being available therefor in the 1998 budget allocated to the Police Department. SECTION 2 The President of the City Council is authorized to execute the Contract in the name of and on behalf of the City, and the City Clerk is directed to affix the seal of the City thereto and attest same. ATTEST: City Cl '. a INTRODUCED: August 24, 1998 By Corinne Koehler Councilperson APPROVED: President o t e City ouncil F:\ FILES \CITY\ POLICE \MISC\TRNSSFTY\RESOLUr2.WPD -2- L # 850�- � � COUNCIL AGENDA BACKGROUND INFORMATION Title A Resolution Approving and Accepting a Contract Amendment for Contract #97HTS01096 (Project No. NA15) from the State of Colorado, Colorado Department of Transportation and Applicable Conditions Pertaining Thereto and Authorizing the President of the City Council to Execute Same. Department Police Date August 24, 1998 Issue: Should the Police Department accept and utilize a Colorado Department of Transportation Seat Belt Grant extension. Recommendations: The Police Department recommends approval of this Seat Belt Grant extension. Background: The Police Department has participated in the "Do The Twist" Seat Belt Campaign since April of 1997. The original grant was in the amount of $12,000, with no matching funds or resources being needed. The monies were to be used to pay overtime salaries for seat belt law enforcement. The state was given additional monies to extend the program and we were offered an additional $3,000 under the same terms of the original contract. Financial Impact: As noted above, there is no financial impact to the City. CONTRACT AMENDMENT # THIS AMENDMENT, made this 10 day of -1 L,- , 1998, by and between the State of Colorado, for the use and benefit of the Colorado Department df Transportation, Office of Transportation Safety, 4201 East Arkansas Avenue, Denver, Colorado 80222 hereinafter referred to as "the State" or "CDOT OTS" and the Pueblo Police Department, 130 Central Main St., Pueblo, CO 81003, FEIN #846000615 -A, hereinafter referred to as "the Vendor" or "the Contractor." FACTUAL RECITALS Authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 400, Appropriation Code 303, Object Number 5110, Org. Unit 9839, Contract Encumbrance Number 9115, GBL 15NA, (Total Contract Encumbrance Amount for this Amendment 15,000); and Required approval, clearance and coordination has been accomplished from and with appropriate agencies; and The parties have heretofore entered into a Contract dated 5/13/97, (Routing No. 97HTS01096) including Funding Letter dated 10/1/97, which collectively hereinafter referred to as the "Basic Contract" providing for overtime enforcement of Colorado restraint laws as are specifically described in Attachment A of the Basic Contract, which is still in effect as of the effective date of this Amendment; and Due to unforeseen delays, the work is not yet complete; The Basic Contract provided for the contract term to expire June 30, 1998; and An extension of the Basic Contract is necessary to complete the Work; and The parties now desire to amend the Basic Contract, extending the term to 9/30/98, to complete the work. NOW, THEREFORE, it is hereby agreed that: 1. Consideration for this Amendment to the Basic Contract consists of the payments which shall be pursuant to this Amendment and the promises and agreements herein set forth. 2. It is expressly agreed by the parties that this Amendment is supplement to the Basic Contract, which is, by this reference, incorporated, and made a part hereof, and all terms, conditions, and provisions thereof, unless specifically modified herein, are to apply to this Amendment as though they were expressly rewritten, incorporated and included herein. only: 3. It is agreed the Basic Contract is and shall be modified, altered and changed in the following respects A. Paragraph 5 shall be changed by deleting the reference to June 30, 1998 substituting therefore 9/30/98. 4. In the event of any conflict, inconsistency, variance or contradiction between the provisions of this Amendment or any of its attachments or exhibits, and any of the provisions of the Basic Contract, this Amendment shall in all respects supersede, govern and control. 5. FINANCIAL OBLIGATIONS OF THE STATE PAYABLE AFTER THE CURRENT FISCAL YEAR ARE CONTINGENT UPON FUNDS FOR THAT PURPOSE BEING APPROPRIATED, BUDGETED AND OTHERWISE MADE AVAILABLE. 6. THIS AMENDMENT SHALL NOT BE DEEMED VALID UNTIL IT SHALL HAVE BEEN APPROVED BY THE CONTROLLER OF THE STATE OF COLORADO OR SUCH ASSISTANT AS HE MAY DESIGNATE. As noted in Paragraph 4b of the Basic Contract, the amount of funds available is increased by $3,000 to a NEW TOTAL FUNDS AVAILABLE OF 15,000 needed by vendor to complete the performance of work under contract to CDOT. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the day first above written Pueblo Police Department By: Title: Chief of Police ATTEST: Chief Clerk Department of Transportation CLIFFORD W. HALL Controller By A --- MCCULLAR Controller Department of Transportation CITY OF PUEBLO Contractor: a. Position: President the/City Council APPROVED AS TO FORM: City of Pueblo Attorney STATE OF COLORADO ROY ROMER, GOVERNOR By I-A4 FOR THE EXECUTIVE DI ECTOR COLORADO DEPARTMENT OF TRANSPORTATION APPROVALS GALE NORTON Attorney General Assistant Attorney General Civil Litigation Section ATTEST: ( , I - .� , z � City of6Pueblo Clerk