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HomeMy WebLinkAbout12848 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" ::° nsor" t By: CU.-- kdi Signature-Laura Schaubert Signature- Steve Nawrocki Its: Sales Representative Its: President City Council Title Title Page 2 of 2 Diana Bartolo Subject: FW: Colorado Sponsor a Highway Signs-Sponsorship 54" la Oi I R D , „„ .Z fid'-°° x ' n' � St a . * 0:R 1,„��` rb„�y ��4 44%4'4''4 rx; 42" 21" CITY COUNCIL A 5, Co' Laura Priest Major Account Executive P: 800 200.0003 x 312 F: 800 358.0230 Iaurat adootahlahway.com lau ra nadoota beach.com Cr Adopt A Highway° maintenance corporation From: Chris Kaufman [rnailto:ckaufmanaltgc,com1 Sent:Tuesday, November 05, 2013 9:34 AM 1 F ‘ 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 B ) akiL- , ' If B . _"'►I� Y� Signature-Laura Schaubert gnature-Steve Nawrocki Its: Sales Representative Its: President City Council Title Title Page 2 of 2 d , Diana Bartolo Subject: FW: Colorado Sponsor a Highway Signs-Sponsorship 54" 14 , ass�, ' y ` , t ' , �Y ` xLEA N § COLORADO » ,fSPONSORED B Y� sw + „ ., x a ua. k ` "srh ° 42" • B21" CITY COUNCIL �., , �-� .� ..,. _.3�> . ,. _ as _ -.x . <�•_ _ W ..x_;. , 50" Laura Priest Major Account Executive P: 800 200.0003 x 312 F: 800 358.0230 Iauraftadoptahiahway.com lauraftadoptabeach.com C4 Adopt A Highway' diar maintenance corporation From: Chris Kaufman 1mailto:cka fu man(�It is .1m1 Sent:Tuesday, November 05, 2013 9:34 AM 1