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HomeMy WebLinkAbout10177RESOLUTION NO. 10177 A RESOLUTION AUTHORIZING THE DONATION OF A USED, NON -ADA COMPLIANT PUEBLO TRANSIT BUS FROM THE CITY OF PUEBLO TO PUEBLO COUNTY FOR USE BY THE PUEBLO COUNTY SHERIFF'S DEPARTMENT FOR THE TRANSPORT OF PRISONERS BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The President of City Council is hereby authorized to make, execute and deliver the agreement between the City of Pueblo and Pueblo County, for the donation of (1) 40ft. transit bus to transport Pueblo County Sheriffs Department's chain gang prisoners for the function of the clean -up and sanitization of areas throughout the City and County of Pueblo. SECTION 2. Pueblo County will utilize transfer for the purpose to continue the County Sheriffs department chain gang program to better serve Pueblo City and County communities by cleaning up areas throughout the City and County of Pueblo. SECTION 3. This resolution shall become effective immediately upon final passage and approval. INTRODUCED July 12, 2004 BY Michael Occhiato Councilperson : ID gi �� Q ii /,�� 400. W10177 Background Paper for Proposed RESOLUTION 9 AGENDA ITEM # k ,6r DATE: July 12, 2004 DEPARTMENT: PUEBLO TRANSIT DANIEL E. CENTA, P.E. DIRECTOR OF PUBLIC WORKS TITLE A RESOLUTION AUTHORIZING THE DONATION OF A USED, NON -ADA COMPLIANT PUEBLO TRANSIT BUS FROM THE CITY OF PUEBLO TO PUEBLO COUNTY FOR USE BY THE PUEBLO COUNTY SHERIFF'S DEPARTMENT FOR THE TRANSPORT OF PRISONERS ISSUE Should the City Council authorize transfer to Pueblo County of a used, non -ADA compliant 40 ft. transit bus to transport prisoners. RECOMMENDATION Approval of Resolution BACKGROUND Pueblo Transit took delivery of a new Gillig bus this past May to replace a 1980 high - mileage, high maintenance bus that did not have a wheel chair lift. As such, Pueblo Transit's agreement with the Federal Transit Administration requires the disposal of the replacement bus. This replacement will support the continuation of Pueblo County's effort to beautify and clean -up areas within our community through the use of prisoners from the Pueblo County jail. FINANCIAL IMPACT None AGREEMENT TO DONATE PROPERTY AND RELEASE OF CLAIMS THIS AGREEMENT to Donate Property and Release of Claims ( "Agreement ") is made and entered into this 3rd day of August , 2004, by and between the Board of County Commissioners of Pueblo County, Colorado ( "County ") and the City of Pueblo ( "City "). WITNESSETH: WHEREAS, City owns one (1) 1979 GMC RTS 3 40 Foot Coach Bus (Unit #10) (herein the "Bus ") which is surplus to its needs and is willing to transfer the Bus to County for use by the Pueblo County Sheriff's Department; and WHEREAS, the County has agreed to accept the bus in its current condition without warranty and to release City from any and all claims and demands with respect to the condition or future use of the Bus; and WHEREAS, the parties desire to enter into this agreement setting forth the terms and conditions of the transfer of the Bus. NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows: Transfer City transfers all its right, title, and interest in and to the Bus to the County and County accepts such transfer. 2. Disclaimer of Warranty COUNTY ACCEPTS THE BUS "AS IS, WITH ALL ITS FAULTS ". CITY MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE DESIGN, OPERATION OR CONDITION OF THE BUS, ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, THE ABSENCE OF LATENT OR OTHER DEFECTS (WHETHER OR NOT DISCOVERABLE), AND CITY HEREBY DISCLAIMS THE SAME. 3. Release and Discharge County agrees to completely release and forever discharge City and Pueblo Transit, and their agents, employees and officers of and from any and all claims, liabilities, or causes of action, whether known or unknown, disclosed or undisclosed, material or immaterial, liquidated or unliquidated, which County or the Pueblo County Sheriff, or their officers, agents and employees may have or may hereafter have against the City or Pueblo Transit for or by reason of any matter, cause, or thing relating to the transfer, use, or condition of the Bus. 4. County shall indemnify, defend and hold the City and Pueblo Transit and their officers, agents and employees from any and all claims, actions, assessments, demands, liabilities, causes of action, whatsoever which may arise after the date of this Agreement out of the transfer, use, operation, or condition of the Bus. 5. The parties hereto agree to execute such other documents and to take such other actions, which may reasonably be necessary to further the purpose of this Agreement. 6. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective representatives, successors, and assigns. 7. This Agreement constitutes the entire understanding between the parties pertaining to the subject matter hereof and supersedes any prior understandings, representations, warranties, and agreements between the parties hereto pertaining to the subject matter hereof, and may be modified only by a written agreement signed by all of the parties hereto. IN WITNESS WHEREOF, the parties have entered into this Agreement the day and year first written above. ATTEST: ATTEST: CIA MEM O, VA U\BUCUCT BUS DONATION 2004.DOC Lai N Was] a2 0 0.3 IM By Presid t of the City Counci BOARD OF COUNTY COMMISSIONERS OF PUEBLO COUNTY, COLORADO >3y air 2