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.