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
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