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Home My WebLink About09963 ORDINANCE NO. 9963 AN ORDINANCE ACCEPTING THE GIFT OF FOUR SPEED LIMIT REMINDER SIGNS FROM THE EL CAMINO HOMEOWNERS ORGANIZATION, INC., AND APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A MAINTENANCE AND REPAIR AGREEMENT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Pueblo City Council accepts the gift of four speed limit reminder signs from the El Camino Homeowners Organization, Inc., a Colorado corporation. SECTION 2. The Department of Public Works, in cooperation with El Camino Homeowners Organization, Inc., will identify locations for placement in the public right-of-way and generally within the El Camino and El Camino Estates Subdivision area for the installation of the speed limit reminder signs. Each location and placement shall require the approval of City’s Traffic Engineer. SECTION 3. The Department of Public Works shall not be primarily responsible for maintenance of the speed limit reminder signs which maintenance is intended to be performed by El Camino Homeowners Organization, Inc., who is to keep the speed limit reminder signs in good, clean, safe and operable condition. The Director of the Department of Public Works is authorized to remove and not replace any speed limit reminder signs which is not kept in good, clean, safe and operable condition. Nothing in this Ordinance is intended nor shall be construed to limit or restrict in any manner the authority of the Traffic Engineer under the City’s Traffic Code to remove any speed limit reminder sign. SECTION 4. The Maintenance and Repair Agreement, a copy of which is attached hereto and incorporated herein by this reference, having been approved as to form by the City Attorney, is hereby approved. The Mayor is authorized to execute and deliver said agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 5. The officers of the City are authorized to perform any and all acts consistent with the intent of this Ordinance to effectuate the policies and procedures described herein. SECTION 6. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on June 28, 2021 Final adoption of Ordinance by City Council on July 12, 2021 . President of City Council Action by the Mayor: ☒ Approved on July 14, 2021 . □ Disapproved on based on the following objections: _ Mayor Action by City Council After Disapproval by the Mayor: □ Council did not act to override the Mayor's veto. □ Ordinance re-adopted on a vote of , on □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-4 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: June 28, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Andrew Hayes, Director of Public Works SUBJECT: AN ORDINANCE ACCEPTING THE GIFT OF FOUR SPEED LIMIT REMINDER SIGNS FROM THE EL CAMINO HOMEOWNERS ORGANIZATION, INC., AND APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A MAINTENANCE AND REPAIR AGREEMENT SUMMARY: The attached Ordinance accepts the gift of four speed limit reminder signs and approves and authorizes the Mayor to sign a maintenance agreement with El Camino Homeowners Organization related to the signs. PREVIOUS COUNCIL ACTION: None. BACKGROUND: El Camino Homeowners Organization (ECHO) has procured four speed limit reminder signs and has sought approval to install them in order to combat speeding through the neighborhood. ECHO intends to donate the signs to the City for installation and will bear all costs associated with installation and maintenance of the equipment. The sign and associated equipment include a speed limit sign with a radar speed detection unit and a digital sign showing a passing vehicle’s actual speed. The four signs will be installed on Bandera Parkway, Bridle Trail, and Encino Drive (two locations). FINANCIAL IMPLICATIONS: There is no appreciable financial impact to the City as a result of passing this Ordinance since ECHO will be paying for installation and maintenance of the signs. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: City staff and ECHO leadership have cooperated in the development of the installation and maintenance plan. ALTERNATIVES: If this Ordinance is not approved, ECHO will not be allowed to install the speed limit reminder signs. RECOMMENDATION: Approve the Ordinance. Attachments: Proposed Maintenance Agreement between the City and ECHO. MAINTENANCE AND REPAIR AGREEMENT THIS MAINTENANCE AND REPAIR AGREEMENT ("Agreement") is hereby entered into this '2 day of a „may , 2021 by and between the City of Pueblo, a Colorado Municipal Corporation ("City") and the El Camino Homeowners Organization, Inc., a Colorado corporation ("Contractor"). The City and Contractor may be individually referred to as "Party" or collectively referred to as "Parties." WITNESSETH: WHEREAS, the City has agreed to accept the donation of four speed limit reminder signs ("Signs") from Contractor. WHEREAS, in consideration of the City's location and placement of any of the Signs within the El Camino and El Camino Estates Subdivision area or otherwise for the benefit of the Contractor, Contractor has agreed to the terms and provisions of this Agreement. NOW, THEREFORE, in consideration of the foregoing, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Contractor agree as follows: 1. The following term as used in this Agreement shall have the following meanings: "Maintenance and Repair Services" means, without limitation, all actions required so that the Signs are kept and maintained in a good, clean, safe and operable condition consistent and in compliance with all applicable laws including all requirements of City's Traffic Code. 2. During any period of time that a Sign is located or placed within the El Camino and El Camino Estates Subdivision area or otherwise for the benefit of the Contractor, the Contractor, at its sole expense, shall perform Maintenance and Repair Services for such Sign in compliance with the terms and conditions of this Agreement. 3. During the term of this Agreement, Contractor assumes all risks of loss resulting from an Act of God, vandalism or other casualty with respect to any Sign which is permitted to be located or placed within the El Camino and El Camino Estates Subdivision area or otherwise for the benefit of the Contractor. 4. Contractor hereby agrees to indemnify, defend, save and hold harmless the City its respective agents, officers, directors, employees and representatives from and against any and all claims, suits, losses, injuries, damages, liabilities and expenses, including, without limitation, reasonable attorneys' fees and expenses occasioned in connection with, arising or alleged to arise from, wholly or in part, the Maintenance and Repair Services provided by Contractor under this Agreement. 5. It is expressly acknowledged and agreed: (a) any placement or location of a Sign shall require the approval of City's Traffic Engineer; (b) The Director of the Department of Public Works, in the exercise of his sole and absolute discretion, is authorized to remove and not replace any Sign with respect to which Contractor fails to perform Maintenance and Repair Services for such sign in compliance with the terms and conditions of this Agreement; (c) Nothing in the Agreement shall limit or restrict in any manner the authority of the Traffic Engineer under the City's Traffic Code with respect to traffic control devices including the Signs; and (d) Nothing in this Agreement shall grant or be construed to grant an irrevocable permit to place or locate any Sign within the public right-of-way, and any approved placement or continued placement of any Sign within the El Camino and El Camino Estates Subdivision area or otherwise for the benefit of the Contractor is subject to termination and removal by City at any time, in City's sole and absolute discretion. 6. No term or provision of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, benefits, rights, protections, or any other provision of the Colorado Governmental Immunity Act, sections 24-10-101 and 120, C.R.S., as amended, or any other law granting immunity to the City or Contractor and its respective officers and employees. 7. This Agreement sets forth all understandings and agreements between City and Contractor relating to the subject matter hereof. No modification or amendment to this Agreement shall be valid unless set forth in writing and approved by City and Contractor. No verbal representation, agreement or understanding by any officer or employee of City, either before or after execution of this Agreement, shall modify or amend any of the terms and provisions of this Agreement. 8. The provisions of this Agreement are for the benefit of City and Contractor only, and no third party shall have any right or remedy hereunder or the right to enforce any provision of this Agreement. 9. This Agreement shall be construed in accordance with and be governed by the laws of the State of Colorado without regard to conflict of law principles. 10. Time is of the essence hereof. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns, provided Contractor may not assign this Agreement or any interest herein without the express written consent of the City. 11. In no event shall City, its officers, agents or employees be liable to Contractor for damages, including without limitation, compensatory, punitive, indirect, special or consequential damages, resulting from or arising out of or related to this Agreement or the performance or breach thereof by City or the failure or delay of City in the performance of any covenant or provision under this Agreement on its part to be performed. In consideration of City entering into this Agreement, Contractor hereby waives and discharges City, its officers, agents and employees from all claims for any and all such damages. No breach, default, delay or failure of City under this Agreement 2 shall be or be construed to be a waiver, discharge or release of Contractor obligations under this Agreement. 12. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the other provisions of this Agreement which shall remain in full force and effect. 13. Each Party acknowledges that this Agreement was fully negotiated by the Parties and, therefore, no provision of this Agreement shall be interpreted against any Party because such Party or its legal representative drafted such provision. 14. In the event of any litigation arising under this Agreement, the court shall award to the prevailing Party its costs and reasonable attorney fees. Exclusive venue for any such litigation shall be Pueblo County, Colorado. All such litigation shall be filed in the District Court, County of Pueblo, State of Colorado and each Party submits to the personal and subject jurisdiction of such District Court. To the fullest extent permitted by law, the Parties hereby waive their right to a trial by jury. 15. This Agreement may be executed in two (2) or more counterparts, and each such counterpart shall be deemed for all purposes to be an original, and all such counterparts shall together constitute but one and the same original. Executed at Pueblo, Colorado, the day and year first above written. [ SEAL] CITY OF PUEBLO, a Colorado municipal corporation I17��Attest: - By �.��.� .bty>4.50(7a City I-rk Mayor CONTRACTOR: EL CAMINO HOMEOWNERS ORGANIZATION, INC. a Colorado nonprofit corporation Kurt Madic Treasurer 3