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RESOLUTION NO. 12848
A RESOLUTION AUTHORIZING PAYMENT FROM THE
COUNCIL CONTINGENCIES ACCOUNT IN THE 2013
GENERAL FUND BUDGET TO THE ADOPT A HIGHWAY
MAINTENANCE CORPORATION (AHMC) IN THE
AMOUNT OF $1,300 FOR THE INITIAL FEES TO
PARTICIPATE IN THE STATE OF COLORADO’S ADOPT-
A-HIGHWAY LITTER REMOVAL PROGRAM WITH AHMC
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Payment in the amount of $1,300 from the Council Contingencies Account in the
2013 General Fund Budget is authorized to be paid to the Adopt A Highway
Maintenance Corporation for the initial fees to participate in the State of Colorado’s
Adopt-A-Highway Litter Removal Program with AHMC.
SECTION 2.
The officers and staff of the City are directed and authorized to perform any and
all acts consistent with the intent of this Resolution to effectuate the policies and
procedures described herein.
SECTION 3.
This Resolution shall become effective upon passage and approval.
INTRODUCED: December 9, 2013
BY: Chris Kaufman
Background Paper for Proposed
RESOLUTION
DATE: AGENDA ITEM #M-12
December 9, 2013
DEPARTMENT:
City Council
TITLE:
A RESOLUTION AUTHORIZING PAYMENT FROM THE COUNCIL CONTINGENCIES
ACCOUNT IN THE 2013 GENERAL FUND BUDGET TO THE ADOPT A HIGHWAY
MAINTENANCE CORPORATION (AHMC) IN THE AMOUNT OF $1,300 FOR THE
INITIAL FEES TO PARTICIPATE IN THE STATE OF COLORADO’S ADOPT-A-
HIGHWAY LITTER REMOVAL PROGRAM WITH AHMC
ISSUE:
Should the City Council approve a Resolution authorizing the payment of $1,300 from
the Council Contingencies Account in the 2013 General Fund Budget for the initial fees
to participate in the State of Colorado’s Adopt-A-Highway Litter Removal Program with
AHMC?
RECOMMENDATION:
This Resolution is at the request of City Council Member Chris Kaufman.
BACKGROUND:
The City of Pueblo intends to participate in the State of Colorado’s Adopt-A-Highway
Litter Removal Program with the assistance from the Adopt A Highway Maintenance
Corporation. AHMC will produce two signs for the sponsored segments, which is the
area on I-25 from North of Ilex Street to 0.1 Mile North of East Northern Avenue and the
th
area on I-25 North of East U.S. 50 to 0.3 Mile North of East 4 Street. AHMC agrees to
meet or exceed the maintenance requirements in accordance with program
requirements and guidelines subject to weather or other extenuating circumstances.
The payment of $1,300 is for the initial fees only. The contract with AHMC is a two-year
contract. Upon placement of the signs, the City Council will need to appropriate
monthly fees in the amount of $550 ($6,600 per year) out of the Council Contingencies
Account in the 2014 General Fund Budget as well as the 2015 General Fund Budget.
FINANCIAL IMPACT:
Funds in the amount of $1,300 will be paid from the Council Contingencies Account in
the 2013 General Fund Budget to the Adopt a Highway Maintenance Corporation.
Date: November 13, 2013
Sponsor: Pueblo City Council Contact: Steve Nawrocki
Address: 1 City Hall PI., Pueblo, CO 81003
This letter constitutes a binding agreement ("Agreement") between the Sponsor and Adopt A Highway Maintenance
Corporation® ("AHMC") as of the date this agreement is signed. The Sponsor desires to participate in the State of
Colorado's Adopt-A-Highway® Litter Removal program (the "Program") with AHMC's assistance. The Sponsor
understands and agrees that participation in the Program requires permits from the State, that the necessary permit
application, approval and sign placement process can take an extended period of time to complete, that permits are
issued by the State based on site availability and a "first come, first served" basis, and that the availability of specific
locations cannot be guaranteed.
1) Sian Location(s). AHMC will produce 1 sign(s) for Sponsor's permitted segment CO25S098. The sign graphics are
subject to Sponsor's reasonable approval prior to production.
Segment ID Route Direction Citv/Town Mile Markers
CO25S098 1-25 S Pueblo 98-97
Area From: North of Ilex St
Area To: 0.1 mi North of E Northern Ave
2)Term. The term of this Agreement will commence on the date first written above and continue for the Initial Period of 2
Year(s) from the date the sign is placed. Thereafter, the Agreement will automatically renew for successive periods of
time, unless written notice is given by either party to terminate the Agreement at least ninety (90) days prior to the renewal
date. Each successive period of time will be the same length of time as the Initial Period. For Sponsors in good standing,
the sponsorship fee during each successive renewal period is guaranteed to not exceed a 6% increase. The Sponsor will
be notified within sixty(60) days of any permit expiration date. Sponsor agrees to execute any necessary permit renewals
and other documents during the term of the Agreement in order to facilitate AHMC's performance of its obligations.
3) Maintenance Schedule. AHMC agrees to meet or exceed the maintenance requirements in accordance with program
requirements and guidelines of the applicable government agency, subject to weather or other extenuating circumstances
beyond AHMC's control.
4) Payment. Immediately upon execution of this Agreement, Sponsor shall pay AHMC an initial fee of $650.00 Upon
placement of the sign(s), Sponsor shall pay AHMC a monthly maintenance fee of $275.00; quarterly invoices will be
issued to Sponsor, and payment is due in advance. Sponsor shall pay a late fee each month of one and one-half percent
(1.5%) for any payment that is more than 30 days past due. In the event that Sponsor withdraws from, or fails to perform
its obligations under, this agreement prior to sign installation, the Sponsor, in addition to any other legal obligations owed
to AHMC, shall immediately pay fifty percent (50%) of the Agreement's aggregate monthly fees. In the event the Sponsor
withdraws from, or fails to perform its obligations under this Agreement after sign installation, in addition to any other legal
obligations owed to AHMC, the Sponsor shall be immediately responsible for the payment of all the Agreement's
aggregate monthly fees. Sponsor agrees to pay all costs of collection, including reasonable attorneys' fees, incurred by
AHMC in its efforts to collect any unpaid monies or otherwise enforce this Agreement. Sponsor shall be responsible for all
state sales and use taxes associated with the performance of services provided by AHMC pursuant to this Agreement.
Payment terms are subject to change based upon Sponsor's credit history.
5) Hold Harmless. AHMC will hold the Sponsor harmless and will defend and pay costs due to any negligent acts by
AHMC and its employees or subcontractors.
6) Insurance. AHMC acknowledges that it has obtained general liability insurance and workers' compensation insurance
and will provide copies of certificates upon written request.
Sponsor Initials 16G
Page 1 of 2
Segment ID Route Direction City/Town Mile Markers
CO25S098 1-25 S Pueblo 98-97
Area From: North of Ilex St
Area To: 0.1mi North of E Northern Ave
7)Termination. Breach of this Agreement by Sponsor, including but not limited to failing to make timely payments, gives
AHMC the right to immediately terminate this Agreement upon written notice and,without limiting any of its other rights, to
keep all monies paid by Sponsor to date.
8) Department of Transportation. AHMC is a private corporation and has no affiliation or exclusivity with the Program or
the State of Colorado or its Department of Transportation or any other department or agency of the State of Colorado.
Notwithstanding anything to the contrary herein, if AHMC's Program lapses or is terminated for any reason by the State of
Colorado, its Department of Transportation, any other department or agency of the State, this Agreement shall
automatically terminate and be of no further force and effect as of the effective date of any such lapse or termination.
AHMC shall not be liable for or otherwise responsible for, any damages or other remedies to the Sponsor as related to
any such lapse or termination. Nothing in this section shall excuse or modify the obligations of the parties, including
Sponsor's payment obligations for all AHMC's services performed during the period of time this Agreement remains in
effect.
9) Artwork. The Sponsor shall furnish approved artwork to ARMC no later than 14 days from the date this executed
agreement is received by AHMC. In the event AHMC does not receive Sponsor's approved artwork by that date, AHMC
reserves the right to install a generic sign, commence maintenance operations, and begin invoicing Sponsor in
accordance with the terms outlined under "Payment' above. Upon receipt of Sponsor's approved artwork, AHMC will
immediately replace Sponsor's generic recognition panel with a panel exhibiting Sponsor's approved artwork. AHMC
reserves the right to use any and all of Sponsor's artwork in its promotional materials. The Department of Transportation
requires verification of Sponsor's legal business name be provided in order to place that name on the recognition panel.
10)Aareement. This Agreement constitutes the full and final agreement between the parties and may only be modified by
the mutual written agreement of both parties.
Adopt A Highway Maintenan Corporation Pueblo City Council
"AHMC" ::°
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By: CU.--
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Signature-Laura Schaubert Signature- Steve Nawrocki
Its: Sales Representative Its: President City Council
Title Title
Page 2 of 2
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Subject: FW: Colorado Sponsor a Highway Signs-Sponsorship
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CITY COUNCIL
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Laura Priest
Major Account Executive
P: 800 200.0003 x 312
F: 800 358.0230
Iaurat adootahlahway.com
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Cr Adopt A Highway°
maintenance corporation
From: Chris Kaufman [rnailto:ckaufmanaltgc,com1
Sent:Tuesday, November 05, 2013 9:34 AM
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Highway
Adopt A
Maintenance Corporation4
1211 E. Dyer Rd. #110
Santa Ana, CA 92705
Phone: (800) 358-0231 Fax: (800) 358-0230
www.adoptahighway.com
FAX TRANSMISSION COVER SHEET
Date: 11/13/2013
Contact: Steve Nawrocki, Pueblo City Council
To: Steve Nawrocki
Fax: (800) 358-0230
Re: Highway Adoption
Sender: Laura Schaubert
YOU SHOULD RECEIVE Page 3 PAGE(S), INCLUDING THIS COVER SHEET. IF
YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL (800) 358-0231.
Thank you for your interest in the Adopt-A-Highway® program. Following is the
necessary paperwork to facilitate your company's sponsorship of the highway
segment(s) in which you expressed an interest.
Please return executed document(s)to our office by both fax and mail so we can secure
the highway segment(s)with the Department of Transportation:
I Initial page 1 of Sponsor Agreement
I Sign page 2 of Sponsor Agreement
If you have any questions, feel free to contact me. Your sponsorship of the highway is
greatly appreciated. We look forward to putting up your sign and cleaning the highway
on your behalf.
16H
Date: November 13, 2013
Sponsor: Pueblo City Council Contact: Steve Nawrocki
Address: 1 City Hall PI., Pueblo, CO 81003
This letter constitutes a binding agreement ("Agreement") between the Sponsor and Adopt A Highway Maintenance
Corporation® ("AHMC") as of the date this agreement is signed. The Sponsor desires to participate in the State of
Colorado's Adopt-A-Highway® Litter Removal program (the "Program") with AHMC's assistance. The Sponsor
understands and agrees that participation in the Program requires permits from the State, that the necessary permit
application, approval and sign placement process can take an extended period of time to complete, that permits are
issued by the State based on site availability and a "first come, first served" basis, and that the availability of specific
locations cannot be guaranteed.
1) Sign Location(s). AHMC will produce 1 sign(s) for Sponsor's permitted segment CO25S100. The sign graphics are
subject to Sponsor's reasonable approval prior to production.
Segment ID Route Direction City/Town Mile Markers
CO25S100 1-25 S Pueblo 100-99
Area From: North of E US-50
Area To: 0.3mi North of E 4th St
2)Term. The term of this Agreement will commence on the date first written above and continue for the Initial Period of 2
Year(s) from the date the sign is placed. Thereafter, the Agreement will automatically renew for successive periods of
time, unless written notice is given by either party to terminate the Agreement at least ninety(90) days prior to the renewal
date. Each successive period of time will be the same length of time as the Initial Period. For Sponsors in good standing,
the sponsorship fee during each successive renewal period is guaranteed to not exceed a 6% increase. The Sponsor will
be notified within sixty(60) days of any permit expiration date. Sponsor agrees to execute any necessary permit renewals
and other documents during the term of the Agreement in order to facilitate AHMC's performance of its obligations.
3) Maintenance Schedule. AHMC agrees to meet or exceed the maintenance requirements in accordance with program
requirements and guidelines of the applicable government agency, subject to weather or other extenuating circumstances
beyond AHMC's control.
4) Payment. Immediately upon execution of this Agreement, Sponsor shall pay AHMC an initial fee of $650.00 Upon
placement of the sign(s), Sponsor shall pay AHMC a monthly maintenance fee of $275.00; quarterly invoices will be
issued to Sponsor, and payment is due in advance. Sponsor shall pay a late fee each month of one and one-half percent
(1.5%)for any payment that is more than 30 days past due. In the event that Sponsor withdraws from, or fails to perform
its obligations under, this agreement prior to sign installation, the Sponsor, in addition to any other legal obligations owed
to AHMC, shall immediately pay fifty percent(50%) of the Agreement's aggregate monthly fees. In the event the Sponsor
withdraws from, or fails to perform its obligations under this Agreement after sign installation, in addition to any other legal
obligations owed to AHMC, the Sponsor shall be immediately responsible for the payment of all the Agreement's
aggregate monthly fees. Sponsor agrees to pay all costs of collection, including reasonable attorneys' fees, incurred by
AHMC in its efforts to collect any unpaid monies or otherwise enforce this Agreement. Sponsor shall be responsible for all
state sales and use taxes associated with the performance of services provided by AHMC pursuant to this Agreement.
Payment terms are subject to change based upon Sponsor's credit history.
5) Hold Harmless. AHMC will hold the Sponsor harmless and will defend and pay costs due to any negligent acts by
AHMC and its employees or subcontractors.
6) Insurance. AHMC acknowledges that it has obtained general liability insurance and workers' compensation insurance
and will provide copies of certificates upon written request.
Sponsor Initials 16H
Page 1 of 2
Segment ID Route Direction Citv/Town Mile Markers
CO25S100 1-25 S Pueblo 100-99
Area From: North of E US-50
Area To: 0.3mi North of E 4th St
7)Termination. Breach of this Agreement by Sponsor, including but not limited to failing to make timely payments, gives
AHMC the right to immediately terminate this Agreement upon written notice and,without limiting any of its other rights, to
keep all monies paid by Sponsor to date.
8) Department of Transportation. ARMC is a private corporation and has no affiliation or exclusivity with the Program or
the State of Colorado or its Department of Transportation or any other department or agency of the State of Colorado.
Notwithstanding anything to the contrary herein, if AHMC's Program lapses or is terminated for any reason by the State of
Colorado, its Department of Transportation, any other department or agency of the State, this Agreement shall
automatically terminate and be of no further force and effect as of the effective date of any such lapse or termination.
AHMC shall not be liable for or otherwise responsible for, any damages or other remedies to the Sponsor as related to
any such lapse or termination. Nothing in this section shall excuse or modify the obligations of the parties, including
Sponsor's payment obligations for all AHMC's services performed during the period of time this Agreement remains in
effect.
9) Artwork. The Sponsor shall furnish approved artwork to AHMC no later than 14 days from the date this executed
agreement is received by AHMC. In the event AHMC does not receive Sponsor's approved artwork by that date, AHMC
reserves the right to install a generic sign, commence maintenance operations, and begin invoicing Sponsor in
accordance with the terms outlined under "Payment" above. Upon receipt of Sponsor's approved artwork, AHMC will
immediately replace Sponsor's generic recognition panel with a panel exhibiting Sponsor's approved artwork. AHMC
reserves the right to use any and all of Sponsor's artwork in its promotional materials. The Department of Transportation
requires verification of Sponsor's legal business name be provided in order to place that name on the recognition panel.
10)Agreement. This Agreement constitutes the full and final agreement between the parties and may only be modified by
the mutual written agreement of both parties.
Adopt A ' hway MaintenanceCorpo lion® Pueblo City Council
"AHMC" "Sponsor
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Signature-Laura Schaubert gnature-Steve Nawrocki
Its: Sales Representative Its: President City Council
Title Title
Page 2 of 2
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Diana Bartolo
Subject: FW: Colorado Sponsor a Highway Signs-Sponsorship
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From: Chris Kaufman 1mailto:cka fu man(�It is .1m1
Sent:Tuesday, November 05, 2013 9:34 AM
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