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Home My WebLink About07553ORDINANCE NO. 7553 AN ORDINANCE APPROVING AN AMENDMENT TO A CONTRACT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND THE COLORADO DIVISION OF PARKS AND OUTDOOR RECREATION RELATING TO THE FRONT RANGE TRAIL SIGN PROJECT AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, the City of Pueblo has entered into a grant agreement (Ordinance No. 7002) to receive $15,000 from the Colorado Division of Parks and Outdoor Recreation, Colorado Department of Natural Resources for the Front Range Trail Sign Project; and BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. An amendment to an Agreement between the City of Pueblo, a Municipal Corporation, and the State of Colorado acting by and through the Department of Natural Resources — Division of Parks and Outdoor Recreation for the Front Range Trail Sign Project, a copy of which is attached hereto having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is hereby authorized to execute and deliver said Agreement in the name of and 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. INTRODUCED November 27, 2006 BY Randy Thurston Councilperson APPROVED: President of Cit Council ATTESTED BY: CITY CLERK PASSED AND APPROVED: December 11, 2006 C) #- 7 5 S 3 Background Paper for Proposed ORDINANCE AGENDA ITEM # DATE: NOVEMBER 27, 2006 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH PLANNING DEPARTMENT /JIM MUNCH TITLE AN ORDINANCE APPROVING AN AMENDMENT TO A CONTRACT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND THE COLORADO DIVISION OF PARKS AND OUTDOOR RECREATION RELATING TO THE FRONT RANGE TRAIL SIGN PROJECT AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should the City Council approve an amendment to a grant agreement between the City of Pueblo and the Colorado Division of Parks and Outdoor Recreation extending the completion date of the agreement from December 31, 2006 to December 31, 2007 relating to the Front Range Trail Sign Project and authorize the President of Council to execute the agreement? RECOMMENDATION Approval of the Ordinance. BACKGROUND The City has received a $15,000 grant from Colorado State Parks to construct and install identification and directional signs along the Colorado Front Range route designated along the Fountain Creek and Arkansas River trails in Pueblo. The extension to this agreement will allow staff to complete the contracting of the sign construction and installation that is not able to be finished prior to the end of 2006. FINANCIAL IMPACT The City of Pueblo has appropriated and budgeted $25,000 to complete the Front Range Trail Sign Project - account AL 2002 per Ordinance No. 6805. This amendment to the agreement will not affect the project's budget. Agency or Department Name Division of Parks Department or Agency Number PJA Contract Routin Number I — CONTRACTAMENDMENT #1 THIS AMENDMENT, made thiday o 2Q by and between the State of Colorado for the use and benefit of the Department of Natural Resources, Division of Colorado State Parks, 1313 Sherman Street, Denver, CO 80203, hereinafter referred to as the State, and City of Pueblo, #I City Hall Place, Pueblo, CO 81003, hereinafter referred to as the contractor, FACTUAL RECITALS 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; and Required approval, clearance, and coordination has been accomplished from and with appropriate agencies; and The parties entered into a contract dated July 22, 2003, for Pueblo Front Range Trail Sign Project, the purpose for this amendment is described below. The City of Pueblo is requesting that the grant contract for the Pueblo Front Range Trail Sign Grant be extended to allow for the construction and installation of four kiosks that are being built and shipped from a company in Oregon. Extend the grant expiration date from December 31, 2006 to December 31, 2007. NOW THEREFORE, it is hereby agreed that Consideration for this amendment to the original contract, Contract Routing Number 04 -PJA- 00006, Contract Encumbrance Number C169679, dated July 22, 2003, 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 04 -PJA -00006 dated July 22, 2003 referred to as the 'original contract," which is, by this reference, incorporated, and made a part hereof, 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. Special Provisions Number 10 is added to the contract to read as follows The Contractor certines that the Contractor shall comply with the provisions of CRS 8- 17,5 -101 et seq. The Contractor shall not knowingly employ or contract with an Illegal alien to perform work under this contract or enter into a contract with a subcontractor that falls to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. The Contractor represents, warrants, and agrees that It (i) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (ii) otherwise will comply with the requirements of CRS 8- 17.5- 102(2)(b). The Contractor shall comply with all reasonable requests made in the course of an investigation under CRS 8- 17.5 -102 by the Colorado Department of labor and Employment. If the Contractor falls to comply with any requirement of this provision or CRS 8- 17.5 -101 et seq., the State may terminate this contract for breach and the Contractor shall be liable for actual and consequential damages to the State. A Contractor that operates as a sole proprietor hereby swears or affirms under penalty of perjury that the Contractor (i) is a citizen of the United States or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of CRS 24- 76.5 -101 at seq, and (iii) shall produce one of the forms of identification required by CRS 24- 76.5 -103 prior to the effective date of this Contract. Except where exempted by federal law and except as provided in CRS 24 -76.5- 103(3), a Contractor that receives federal or state funds under this contract must confirm that any individual natural person eighteen years of age or older is lawfully present in the United States pursuant to CRS 24 -76.5- 103(4) if such individual applies for public benefits provided under this contract. b. Extend the grant expiration date from December 31, 2006 to December 31, 2007. C. 4. The effective date of this amendment is %&t A 20CLI or upon approval of the State Controller, whichever is later. 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. Page 1 of 2 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. IN WITNESS WHEREOF, the parties hereto have executed this amendment on the day first above written. CONTRACTOR: B Cah oF1q;a610 Legal Namd of Contracting Entity 8 "NO00 (0 15 S Socia Number or FEIN Signature of Authorized Officer STATE OF COLORADO: BILL OWENS GOVERNOR By Executive Director 1 1 for Russell George, Executive DtpLffor Department of Natural Resources LEGAL REVIEW: Attorney Genera -, � Mirhael (lrrhietp, Pracidpnt of city Cou ncil Print Name & Title of Authorized Officer CORPORATIONS: (A corporate attestation is required.) By / e- pproved Form Contract Reviewer O Attest(Seal)By Corporate Secreta r r Equivalent, or Town /City /County Clerk) (Place corporate seal here, if available.) ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24 -30 -202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and /or services provided. STATE CONTROLLER: Leslie M. Shenefelt V I ate Effective Date: April 1, 2004 Page 2 of 2