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Home My WebLink About8620RESOLUTION NO. 8620 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE PUEBLO COMMUNITY COLLEGE FOUNDATION AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, FOR TRANSFER OF SURPLUS PROPERTY, AND RESCINDING RESOLUTION 8555, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME WHEREAS, the City of Pueblo owns several motor vehicles formerly used as police cars which have incurred severe damage in collisions such that they should no longer be used for City purposes and it would not be cost effective to repair the same; and WHEREAS, said motor vehicles constitute salvage vehicles which are surplus to the City's needs; and WHEREAS, the Pueblo Community'College Foundation has the authority under law to receive donations of property in order that the Foundation may serve the objects and interest of the Pueblo Community College; and WHEREAS, said vehicles are of educational value to Pueblo Community College in connection with its programs in Welding/Machining Technology, Automobile Repair and Law Enforcement; NOW, THEREFORE, SECTION 1. The following motor vehicles owned by the City are hereby declared to be salvage vehicles which are surplus to the City's needs: 1993 Chevrolet Caprice Classic 4dr VIN# 1 G1 BL5371 PR119485 1991 Chevrolet Caprice Classic 4dr VIN# 1 G1 BL5373MR128619 1992 Chevrolet Caprice Classic 4dr VIN# 1 G1 BL5379NRl 38699 1993 Chevrolet Caprice Classic 4dr VIN# 1 G1 BL5378PR139684 1993 Chevrolet Caprice Classic 4dr VIN# 1 G1 BL5378PR119905 SECTION 2. The Agreement dated February 8, 1999 by and between Pueblo Community College Foundation, and the City of Pueblo, a Municipal Corporation, (the "Agreement "), for transfer by donation of surplus property and conditions of use, a copy of which is attached and incorporated herein, having been approved as to form by the City Attorney, is hereby approved. SECTION 3. The President of City Council is hereby authorized to execute the Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest same. INTRODUCED February 8, 1999 BY John Verna Councilperson ATTEST: LW, i ° r � COUNCIL AGENDA TITLE: Donation of vehicles to Pueblo Community College DEPARTMENT: Pueblo Police Department. DATE: February 8, 1999 ISSUE: Donation of 5 (five) surplus police vehicles to Pueblo Community College Foundation. RECOMMENDATIONS: It is recommended that 5 (five) surplus vehicles be donated to Pueblo Community College Foundation, as they have incurred severe damage and can no longer be used for city purposes. BACKGROUND/ The Pueblo Police Department currently has 5 (five) ANALYSIS: vehicles which have been involved in collisions and have incurred severe damage. These vehicles may no longer be used for city purposes. The vehicles are to be used in connection with education and occupational programs conducted at Pueblo Community College and will be accepted "as is" with all faults. FINANCIAL: The 5 (five) vehicles will be donated to Pueblo Community College, as they are beyond salvage. There will be no cost incurred in the donation of the vehicles for educational purposes. AGREEMENT THIS AGREEMENT entered into as of February 8, 1999 by and between Pueblo, a Municipal Corporation (hereinafter "City ") and the Pueblo Community College Foundation (hereinafter "Donee "). WHEREAS, City owns the following described surplus motor vehicles, Year Make Model VIN# 1993 Chevrolet Caprice Classic 4dr IGIBL5371PRI19485 1991 Chevrolet Caprice Classic 4dr IGIBL5373MR128619 1992 Chevrolet Caprice Classic 4dr IGIBL5379NRI38699 1993 Chevrolet Caprice Classic 4dr IGIBL5378PRI39684 1993 Chevrolet Caprice Classic 4dr IGIBL5378PRI19905 , hereinafter referred to as the "Surplus Vehicles," which had been used as police cars and which have incurred severe damage in collisions such that they may no longer be used for City purposes; and WHEREAS, said vehicles are or may be of use to Donee for and in connection with educational and occupational programs conducted at Pueblo Community College in Pueblo, Colorado ( "PCC "), including but not limited to PCC's programs in Welding/Machining Technology, Automobile Repair and Law Enforcement; and WHEREAS, Donee desires that the City donate and transfer to Donee all of City's right, title and interest in the Surplus Vehicles and City is willing to so donate and transfer to Donee all of City's right, title and interest in the Surplus Vehicles upon and subject to all of the terms and conditions herein set forth; NOW, THEREFORE, in consideration of the foregoing and the covenants, terms and conditions set forth herein, the City and Donee agree as follows: 1. The parties acknowledge and agree that the Surplus Vehicles are and constitute "salvage vehicles" as that term is defined by §42- 6- 102(13)(a), C.R.S. The City hereby donates and transfers to Donee all of City's right, title and interest in the Surplus Vehicles as salvage, subject to the terms and conditions of this Agreement. THE SURPLUS VEHICLES ARE TRANSFERRED TO DONEE AND DONEE ACCEPTS THE SURPLUS VEHICLE S "AS IS" AND "WITH ALL FAULTS." DONEE ACKNOWLEDGES AND AGREES THAT CITY MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS, WHATSOEVER, AND THAT THE CITY EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES, WHETHER EXPRESS OR IMPLIED. Additionally, Donee understands and acknowledges that the Surplus Vehicles have heretofore incurred damage of such nature or severity that the Surplus Vehicles should be presumed unsafe for operation and use in their present condition. 2. Title to the Surplus Vehicles are transferred to Donee as of the date of this Agreement and at the location where the Surplus Vehicles are presently located. Donee agrees to safely remove, at Donee's expense, the Surplus Vehicles from their present location within thirty (30) days of the date of this Agreement. Donee covenants that in removing and transporting the Surplus Vehicles from their present location, Donee shall not permit or suffer the Surplus Vehicles to be driven upon any public highway, street or road. 3. Upon or after the date of this Agreement, City shall surrender the Colorado certificates of title for the Surplus Vehicles to the Director of the Colorado Department of Revenue, as provided by §42- 6- 136(1), C.R.S. Donee understands and agrees that it shall be Donee's responsibility to obtain a salvage certificate of title for each of the Surplus Vehicles as provided by §42- 6- 136(2), C.R.S. 4. Donee shall make use of the Surplus Vehicles in educational or occupational programs at Pueblo Community College in Pueblo, Colorado. In the event any of the Surplus Vehicles, or any parts or components of the Surplus Vehicles are sold or otherwise disposed of by Donee, Donee shall (a) disclose to the buyer or transferee of any Surplus Vehicles or parts thereof that the transferred item is either a salvage vehicle or salvaged part and (b) apply the proceeds of any sale or disposition to the support of the educational or occupational programs at Pueblo Community College. 5. Donee shall ensure that no Surplus Vehicle shall be driven upon any highway, road or street, or at any other location where a risk of injury to persons or property may be presented, until and unless the Surplus Vehicle has been properly repaired, inspected and certified in writing as safe for such use by one or more automobile mechanics holding a current ASE Certification for each category of repairs undertaken upon the vehicle, and in any event, by a mechanic so certified in frame repair. 6. To the extent permitted by law, Donee shall indemnify, defend and save harmless the City and its officers, employees, agents, insurers and any risk - sharing or self - insurance pool in which it participates from all suits, actions and claims of every character, name and description brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of Donee's repair, use, ownership, possession, or disposition of the Surplus Vehicles or any part or portion thereof. 7. (a) When signed by each of the parties hereto, this Agreement shall be binding and effective according to its terms upon the parties and their successors. (b) This Agreement constitutes the entire agreement between the parties, and supersedes all prior and contemporaneous agreements, representations, and understandings of parties. No modification of this Agreement, and no waiver of any of the Agreement's provisions or conditions, shall be binding unless made by written document signed by authorized representatives -2- of each of the parties. Any attempted delegation or assignment of this Agreement by either party without the prior written consent of the other party shall be void. This Agreement shall be governed by, and construed according to, the laws of the State of Colorado. 8. The persons executing this Agreement by and on behalf of Donee represent and warrant that they have full power and authority to execute this Agreement on behalf of Donee and legally bind Donee to the terms hereof. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. ATTEST: City Ci CITY OF PUEBLO, A 6CIPAL COR TION By President of the City Council APPROVED AS TO FORM: ' '' - City Attorney(.-.: PUEBLO COMMUNITY COLLEGE FOUNDATION ATTEST: By i- By Name: Title: -3-