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HomeMy WebLinkAbout09489RESOLUTION NO. 9489 A RESOLUTION APPROVING AN AMENDMENT TO CONTRACT EIAF #3744 BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF LOCAL AFFAIRS MODIFING THE TIME OF PERFORMANCE RELATING TO THE EL PUEBLO PROJECT WHEREAS, the project had delays due to unanticipated archaeological surveys; and WHEREAS, it is in the best interest of City of Pueblo and the State of Colorado to complete the project; BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. A Contract Amendment dated January 28, 2002, between the City of Pueblo, a Municipal Corporation, and the State of Colorado, Department of Local Affairs, of which a copy is attached hereto and on file at the office of the City Clerk, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of City Council is hereby authorized to execute and deliver said Contract Amendment on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest same. SECTION 3. This Resolution shall become effective upon final passage. INTRODUCED: January 28, 2002 BY: Al Gurule COUNCIL PERSON APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY:. TY CLERK EIAF - #3744 DEPARTMENT OR AGENCY NAA CONTRACT ROUTING NUMBER Lr CONTRACT AMENDMENT �f/ THIS AMENDMENT made this 1 day of 2002, by and between the State of Colorado for the use and benefit of the Department of Local Affairs, 1313 Sherman Street, Denver, Colorado 80203 , hereinafter referred to as the State, and the City of Pueblo, P.O. Box 1427, Pueblo, Colorado 81002 , hereinafter referred to as the Contractor. WHEREAS, 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 152 , Appropriation Code 127 , Org. Unit FBAO , GBL S011 , Contract Encumbrance Number OS3744 ; and WHEREAS, required approval, clearance and coordination have been accomplished from and with appropriate agencies; and WHEREAS, the parties hereto have entered into a contract dated April 14, 2000 , for the Pueblo Museum Plaza , more fully described below. WHEREAS, the Contractor encountered delays due to unanticipated archeological surveys; and Project; WHEREAS, the Contract was erroneously allowed to expire; and WHEREAS, it is in the best interest of the City of Pueblo and the State of Colorado to complete the NOW THEREFORE, it is hereby agreed that: 1. Consideration for this amendment to the original contract, Contract Encumbrance Number FOS3744 - ,Contract Routing Number 1157 , dated April 14, 2000 , consists of the payments which shall be made pursuant to this amendment and the promises and agreements herein set forth. 2. It is expressly agreed by the parties that this amendment is supplemental to the original contract, Routing Number 1157 , dated April 14, 2000 , referred to as the "original contract ", which is, by this reference, incorporated, and made a part hereof, and attached as ExhibitA, 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. 3. It is agreed the original contract is and shall be modified, altered, and changed in the following respects only: a. Exhibit A, Scope of Services, "3. Time of Performance ", is modified by deleting " December 31. 2001 and inserting in lieu thereof" January 31, 2003 ". tt 4. The effective date of this amendment is /6 y-e bf , 2002. Page 1 of 2 Pages EIAF - #3744 (CONTRACT AMENDMENT) 5. 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 original contract, the provisions of this amendment shall in all respects supersede, govern, and control. The "Special Provisions" shall always be controlling over other provisions in the contract or amendments. The representations in the Special Provisions concerning the absence of bribery or corrupt influences and personal interest of State employees are presently reaffirmed. 6. 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. 7. THIS AMENDMENT SHALL NOT BE DEEMED VALID UNTIL IT SHALL HAVE BEEN APPROVED BYTHE CONTROLLER OF THE STATE OF COLORADO OR SUCH ASSISTANT AS HE MAY DESIGNATED. written. IN WITNESS WHEREOF, the parties hereto have executed this amendment on the day first above CONTRACTOR: (Full Legal Name) CITY OF PUEBLO, COLORADO By Position (Title) CITY COUNCIL PRESIDENT 84- 6000615- Social Security Number or Federal ID Number (If Corporation:) STATE OF COLORADO BILL OWENS, GOVERNOR By BOB BROOK )(EX EX CUTIVE DIRECTOR DEPARTMENT OF Local Affairs r L%L 4 Attest (Seal) By Corp6 7 ecretary, or Equivalent, Town/City /County Clerk APPROVALS ATTORNEY GENERAL STATE CONTROLLER �j Arthur L rn rt By v � By Page 2 of 2 Pages I r Background Paper for Proposed RESOLUTION AGENDA ITEM # ) 7 DATE: JANUARY 28, 2002 19D65 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH TITLE A RESOLUTION APPROVING AN AMENDMENT TO CONTRACT EIAF #3744 BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF LOCAL AFFAIRS MODIFING THE TIME OF PERFORMANCE RELATING TO THE EL PUEBLO PROJECT ISSUE Should City Council approve a contract amendment between the City of Pueblo and the State of Colorado, Department of Local Affairs to modify the Time of Performance relating to the El Pueblo Project? RECOMMENDATION Approval of this Resolution. BACKGROUND The City of Pueblo has received an Energy Mineral Impact Assistance Fund (EIAF) grant in the amount of $250,000 from the State of Colorado, Department of Local Affairs for the El Pueblo Project to assist in the construction of the adobe structure and archaeology pavilion. The original Contract was dated April 14, 2000. The Contract Amendment will allow the completion of the project by the extension of the project deadline to January 31, 2003. The project encountered delays due to unanticipated archaeological surveys and the Contract was erroneously allowed to expire. It is in the interest of both the City and State to complete this project. The total project budget of this component of the El Pueblo Master Plan is $780,000. The following is a breakdown of funds included in this Contract and project: 1) $250,000 from EIAF; 2) $250,000 from the State Historical Foundation (Packard Foundation donation); and 3) $280,000 from CDOT TEA -21 Enhancement Fund, STE -M086 -030. FINANCIAL E"ACT The EIAF grant funds are Federal funds from the Mineral Lands Severance Tax (Fund Number 152). These funds are subject to the requirements of the Tabor Act. The original Contract states that if the City should receive funds exceeding its Tabor spending limit, the state funds must be repaid up to the amount of such excess or the amount received from the state, whichever is less. The Director of Finance has been notified of this revenue counting toward the City's Tabor spending limit. Funds shall be distributed from the above mentioned fund sources from Project No. EL 0101.