HomeMy WebLinkAbout11414RESOLUTION NO. 11414
A RESOLUTION APPROVING AN EQUIPMENT TRANSFER AGREEMENT DONATING A USED,
PRE -ADA 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 AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Equipment Transfer Agreement between the City of Pueblo and Pueblo County relating
to the transfer of a surplus 35 foot transit bus for the use by the Pueblo County Sheriff to transport
prisoners to clean -up areas throughout the County and City of Pueblo, a copy of which is attached
hereto, is hereby approved. The President is authorized to execute the Agreement in the name of
the City.
SECTION 2.
Pueblo County will utilize the bus to transfer prisoners to clean -up areas throughout the City
and County of Pueblo.
SECTION 3.
This Resolution shall become effective immediately upon final passage and approval.
INTRODUCED September 22, 2008
BY Randy Thurston
Councilperson
AP PROVE
ATTEST D BY: �. � y
PPI`81f I T' i ILAHU
PC:): o : `
CD
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # J V
DATE: September 22, 2008
DEPARTMENT: PUEBLO TRANSIT
DANIEL E. CENTA, P.E.
DIRECTOR OF PUBLIC WORKS
TITLE
A RESOLUTION APPROVING AN EQUIPMENT TRANSFER AGREEMENT
DONATING A USED, PRE -ADA 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 AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
ISSUE
Should the City Council authorize transfer to Pueblo County of a used, pre -ADA 35' transit
bus to transport prisoners.
RECOMMENDATION
Approval of Resolution
BACKGROUND
Pueblo Transit took delivery of a new Optima bus to replace a 1980 high- mileage (839,854
miles), high maintenance bus. 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.
EQUIPMENT TRANSFER AGREEMENT
THIS AGREEMENT entered into as of September 22, 2008, between the City of
Pueblo, a municipal corporation (the "City ") and the County of Pueblo, Colorado (the
"County ") WITNESSETH:
WHEREAS, the City is the owner of one used transit bus which is surplus to its
needs, and
WHEREAS, the County desires to add the transit bus to their inventory for 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, and
WHEREAS, the City is willing to transfer the transit bus to the County and the
County is willing to accept the transit bus 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, the City and the County agree as follows:
The City does hereby transfer and assign to the County its right,
title and interest in and to the following described transit bus:
1980 GMC -RTS 35 foot bus VIN No. 770204810132
and will assign and deliver to County the certificate of title to the
transit bus.
2. THE CITY TRANSFERS AND ASSIGNS THE TRANSIT BUS
TO THE COUNTY AND THE COUNTY ACCEPTS THE
TRANSIT BUS "AS IS ", IN ITS PRESENT CONDITION,
WITHOUT WARRANTY, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
PARTICULAR PURPOSE.
3. The County shall be liable and responsible for, and shall defend,
indemnify and save the City harmless from and against any and all
claims, demands, loss, damage of injury, including death,
occasioned by or arising, in whole or in part, from the condition of
the transit bus, or the operation or use of the transit bus by the
County.
4. The County shall not use or display the transit bus for any purpose,
without first covering or blocking -out the name "City of Pueblo"
or "City" or "Pueblo Transit" or similar names implying ownership
or control of the transit bus by the City or Pueblo Transit.
5. The County shall use the transit bus for the sole purpose of
transporting prisoners to and from the Pueblo County jail and to
and from clean -up areas throughout the City of Pueblo and the
County of Pueblo.
6. If the County defaults in or violates any provision of paragraphs 4,
5 and 6 above, the County shall at the written request of the City,
return the transit bus and title thereto to the City.
This agreement constitutes the entire understanding of the parties
and supersedes any and all prior discussions, statements and
agreements.
Executed as of the day and year first above written.
The City of Pueblo, a Municipal Corporation
\ `Attest,
By
President of City Council
Pueblo County
C
�.�� i