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HomeMy WebLinkAbout10912RESOLUTION NO. 10912 A RESOLUTION APPROVING AN EQUIPMENT SALE AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE LA VETA FIRE PROTECTION DISTRICT RELATING TO A SURPLUS FIRE TRUCK 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 dated January 22, 2007 between the City of Pueblo, a Municipal Corporation and La Veta Fire Protection District, relating to a surplus fire truck, 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. BY Judy Weaver Councilperson APPROVED: President of Cit Council ATTESTED BY: CITY CLERK INTRODUCED January 22 2007 Background Paper for Proposed RESOLUTION AGENDA ITEM # 3 DATE: JANUARY 22, 2007 DEPARTMENT FIRE DEPARTMENT — CHRISTOPHER P. RILEY TITLE A RESOLUTION APPROVING AN EQUIPMENT SALE AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE LA VETA FIRE PROTECTION DISTRICT RELATING TO A SURPLUS FIRE TRUCK AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME ISSUE Should City Council adopt a resolution approving the attached agreement to transfer ownership of surplus fire truck to the La Veta Fire Protection District. RECOMMENDATION Approval of Resolution BACKGROUND Since the recent purchase of new equipment, the City of Pueblo has a 1979 Ford Motor Company fire truck that has been deemed surplus to our needs. The La Veta Fire Protection District is in need of equipment and has expressed interest in acquiring this fire truck. FINANCIAL IMPACT None EQUIPMENT SALE AGREEMENT THIS EQUIPMENT SALE AGREEMENT entered into as of January 22, 2007, between Pueblo, a Municipal Corporation ( "Pueblo') and the La Veta Fire Protection District, WITNESSETH: WHEREAS, Pueblo is the owner of one used fire truck which is surplus to its needs. and WHEREAS, La Veta Fire Protection District is in need of such a fire truck, and WHEREAS, Pueblo is willing to transfer and sell the fire truck to La Veta Fire Protection District and La Veta Fire Protection District is willing to accept the fire 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 La Veta Fire Protection District agree as follows: Pueblo does hereby sell, transfer and assign to La Veta Fire Protection District all of its rights, title and interest in and to the following described used fire truck: 1979 Ford Motor Company Fire Truck 25V8 Serial #: D80DVFA5281 And will assign and deliver to La Veta Fire Protection District certificates of title to the fire truck. PUEBLO SELLS AND TRANSFERS THE USED FIRE TRUCK AND LA VETA FIRE PROTECTION DISTRICT ACCEPTS THE USED FIRE TRUCK "AS IS ", WITHOUT WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. Pueblo will deliver the fire truck to La Veta Fire Protection District and La Veta Fire Protection District will accept delivery of the fire truck in Pueblo, Colorado. La Veta Fire Protection District shall at its sole cost and expense cause the fire truck to be transported to La Veta Fire Protection Districts facilities. La Veta Fire Protection District 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 fie truck by La Veta Fire Protection District. 4. This Equipment Sale Agreement constitutes the entire understanding of the parties and supersedes any and all prior discussion, statements and agreements between the parties with respect to the subject matter herein. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement the day and year first written above. CITY OF PUEBLO Michael Occhiato President of City Council LA VETA FIRE PROTECTION DISTRICT Mark Brunner, Board President La Veta Fire Protection District ATTEST: J G Dutcher, City ATTEST: E zabeth Sue Pez Secretary La Veta Fire Protection District