HomeMy WebLinkAbout025783/30/70
2 -, 2t 29,-
6 .
M� PAR 1970
RESOLUTION NO 2578 RcGE��ED co
J ERK
A RESOLUTION APPROVING AN AMENDMENT OF CONTRACT - -_-=�
AGREEMENT BETWEEN THE CITY OF PUEBLO AND ZUPAN
ENTERPRISES RELATING TO OPERATION OF NORTH AND
SOUTH PUEBLO DUMPSITES
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO,
that:
SECTION 1.
A certain amendment dated + 1970,
to the Contract Agreement dated March 4, 1970, a copy of which is
attached hereto and made a part hereof by reference after having
been approved as to form by the City Attorney, by and between the
City of Pueblo, a Municipal Corporation, and Joe P. Zupan, d /b /a
Zupan Enterprises, providing for amendment of paragraph 7 (B) of
the said Contract, be and the same is hereby approved; subject to
the terms and conditions as set forth in the said amendment.
SECTION 2.
The President of the Council is hereby authorized to
execute said Amendment on behalf of the City of Pueblo, a Muni-
cipal Corporation, and the City Clerk shall affix the seal of
the City thereto and attest the same.
INTRODUCED �� , 1970
BY DONALD E. ABRAM
Councilman
APPROVE
ATTEST:
City Cl
rest e t o t unci
AMENDMENT OF CONTRACT AGREEMENT
THIS AGREEMENT made this day of , 1970
by and between PUEBLO, A MUNICIPAL CORPORATION, hereafter
called Contractor, and AMERICAN EMPLOYER'S INSURANCE COMPANY,
a part of the employer's Commercial Union Insurance Group,
hereafter called Surety,
WITNESSETH:
WHEREAS, City and contractor on March 4, 1970
entered into a contract for five (5) years covering Sanitary
Landfill Operations at the North and South Pueblo Dumpsites
under which a sum of ONE HUNDRED TWENTY SIX THOUSAND EIGHT
HUNDRED AND NO /100 ($126,800.00) DOLLARS annually was to be
paid to Contractor by City, and
WHEREAS, Paragraph 7(B) of the specifications on
said contract providing for assignment of the contract contains
certain language that the parties herein are desirous of
amending,
NOW THEREFORE, for mutual considerations the parties
agree as follows:
1. Paragraph 7(B) of the specifications in the above described
contract agreement of March 4, 1970 by and between
City and Contractor is amended to read as
follows:
no assignment by the contractor of his contract
or any part thereof or of the funds to be
received hereunder by the contractor will
be recognized unless such assignment has had
the written approval of the City and the Surety
has been given due notice of such assignment.
Such written approval by the City shall not
relieve the contractor of the obligations in-
curred by him under the terms of this contract.
In addition to the usual recitals in assign-
ment contracts, the following language must be
set forth:
"It is agreed that the funds to be paid
to the assignee under this assignment are sub-
ject to a prior lien for services rendered
or materials supplied for the performance of
the work called for in said contract in favor
of all persons, firms or corporations rendering
such services or supplying such materials."
2. Surety reaffirms its bond heretofore given under
said contract and assures City it will not void its obli-
gation under said bond in the event of non - performance by
contractor.
Dated the day and year above written.
Joe P. Zupan
d /b /a ZUPAN ENTERPRISES
By
Contractor
PUEBLO, A MUNICIPAL CORPORATION
By
AMERICAN EMPLOYER'S INSURANCE COMPANY,
a part of the Employere's Commercial
Union Insurance Group
By