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HomeMy WebLinkAbout09011RESOLUTION NO. 9011 A RESOLUTION APPROVING AN EQUIPMENT SALE AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE COUNTY OF PUEBLO AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, THAT: SECTION 1: The Equipment Sale Agreement between the City of Pueblo, a Municipal Corporation and County of Pueblo, Colorado, 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 authorized and directed to execute the aforesaid agreement for and on behalf of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED May 22 1 2000 BY: Rich Golenda Council Person o APPROVED: President of the Council A (TEST: N&A- City rk Council Agenda Title Department: FIRE Date: Agenda item # ISSUE: Should Council adopt a resolution approving the attached agreement to transfer ownership of surplus Hazardous Waste Truck to the County of Pueblo. BACKGROUND/ ANALYSIS Since the recent purchase of new equipment, the City of Pueblo has a 1973 Ford F -700 used as a Hazardous Waste Truck that has been deemed surplus to our needs. The County of Pueblo is in need of equipment and has expressed interest in acquiring this truck. FINANCIAL IMPACT: NONE RECOMMENDATION: It is the recommendation of the Fire Department that the City transfer ownership of surplus vehicle to Pueblo County. 111mil �24 INS AGREEMENT THIS AGREEMENT entered into as of May 22, 2000, between Pueblo, a Municipal Corporation ( "Pueblo ") and the County of Pueblo, WITNESSETH: WHEREAS, Pueblo is the owner of one used truck which is surplus to its needs, and WHEREAS, Pueblo County is in need of such a truck, and WHEREAS, Pueblo is willing to transfer and sell the truck to Pueblo County and Pueblo County is willing to accept the truck upon the terms and conditions herein set forth. NOW, THEREFORE, in consideration of $1.00 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and the mutual covenants contained herein, Pueblo and Pueblo County agree as follows: Pueblo does hereby sell, transfer and assign to Pueblo County all of its rights, title and interest in and to the following described used Hazardous Waste Vehicle: 1973 Ford F -700 Hazardous Waste Truck LN700 Serial #: N70EVR14684 And will assign and deliver to Pueblo County certificates of title to the truck. 2. PUEBLO SELLS AND TRANSFERS THE USED TRUCK AND PUEBLO COUNTY ACCEPTS THE USED TRUCK "AS IS," WITHOUT WARRANTY, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. 3. Pueblo will deliver the truck to Pueblo County and Pueblo County will accept delivery of the truck in Pueblo, Colorado. Pueblo County shall at its sole cost and expense cause the fire truck to be transported to Pueblo County's facilities. Pueblo County shall be liable and responsible for, and shall defend, indemnify and save Pueblo harmless from and against any and all claims, demands, loss, damage or injury including death, occasioned by or arising, in whole or in part, from the condition, moving, transportation, operation or use of the truck by Pueblo County. 4. This agreement constitutes the entire understanding of the parties and supersedes any and all prior discussions, statements and agreements. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement the day and year first written above. Cl �F PUEBL .,orinne Koehler, President City Council C Klomp, Chairman I of County Comn ATT - Gina D her, City Clerk AT Chris Munoz, Count ler STATE OF COLORADO, ss. County of Pueblo, The Board of County Commissioners met in Re session in its office in Pueblo County, Colorado, on Thursday the 8 th day of A. D. 19200 , at 10:00 A.M. o'clock. Present: John L. Klomp Chairman. " Loretta Kennedy County Commissioner. " Matt Peul6n County Commissioner. " Terry A. Hart County Attorney. " Sue M. Kovacich, Dep. Clerk County Clerk or Deputy. When the following proceedings, among others, were had and done, to -wit: RESOLUTION NO. 00 -166' ACCEPTING THE SALE OF A USED HAZARDOUS WASTE VEHICLE FROM THE CITY OF PUEBLO AND TRANSFERRING SAID TRUCK TO PUEBLO COUNTY'S FLEET INVENTORY AS COUNTY PROPERTY WHEREAS, the City of Pueblo is the owner of one used hazardous waste vehicle which is surplus to its needs and desires to sell and transfer said vehicle to Pueblo County; and WIIEREAS, Pueblo County is in need of such hazardous waste vehicle; and WHEREAS, the City of Pueblo is willing to transfer and sell the vehicle to Pueblo County in consideration of $1.00 and other good and valuable consideration and Pueblo County is willing to accept the truck upon those terms and conditions below. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pueblo County, Colorado, that: Pueblo County agrees to accept the sale, transfer and assignment of the rights, title and interest in and to the vehicle described below from the City of Pueblo in consideration of $1.00 to the City of Pueblo; 2. The hazardous waste vehicle described below be, and hereby is, declared County property effective upon passage of this Resolution: 1973 Ford F -700 Hazardous Waste Truck LN700 Serial No: N70EVRI4684 3. The Director of the Pueblo County Fleet Management Department, be, and hereby is, authorized and directed to oversee the transfer of said hazardous waste vehicle to the County's fleet inventory to insure it is completed in accordance with proper County procedure. 4. The Agreement between the City of Pueblo and Pueblo County, dated May 22, 2000, the terms and conditions of which are incorporated herein by this reference, be, and hereby is, approved nunc pro tunc June 8, 2000. BE IT FURTHER RESOLVED that the Chairman of the Board of County Commissioners, Pueblo County, Colorado, be, and hereby is, authorized to sign said Agreement on behalf of Pueblo County. By the following vote on roll -call: KLOMP - AYE KENNEDY - AYE PEULEN - AYE U: \PS\RUS\BPTY 2000 SALE.DOC