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HomeMy WebLinkAbout08546ORDINANCE NO. 8546 AN ORDINANCE APPROVING A VEHICLE TRANSFER AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE CITY OF COLORADO SPRINGS CONCERNING TRANSFER OF FIVE FEDERALLY FUNDED TRANSIT BUSES AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement between the City of Pueblo and the City of Colorado Springs for the transfer of five (5) federally funded transit buses for the function of Pueblo Transit providing transportation during regular business hours, a true copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. The President of the City Council is authorized to execute said Agreement on behalf of the City and the City Clerk is directed to affix the Seal of the City thereto and attest same. SECTION 2. The Agreement will be effective upon approval. SECTION 3. The City of Pueblo acknowledges and agrees that the City of Colorado Springs has made no, and does not make any, representations or warranties, oral or written, express or implied, with respect to the vehicles, including without limitation, warranties of merchantability, functionality, or fitness for a particular purpose. SECTION 4. This ordinance shall become effective immediately upon final passage and approval. INTRODUCED: November 26, 2012 BY: Leroy Garcia COUNCIL PERSON PASSED AND APPROVED: December 10, 2012 Background Paper for Proposed ORDINANCE DATE: November 26, 2012 AGENDA ITEM # R-5 DEPARTMENT : PUEBLO TRANSIT BRENDA BROYLES DIRECTOR OF TRANSIT TITLE AN ORDINANCE APPROVING A VEHICLE TRANSFER AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE CITY OF COLORADO SPRINGS CONCERNING TRANSFER OF FIVE FEDERALLY FUNDED TRANSIT BUSES AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME ISSUE Should City Council approve a vehicle transfer agreement with the City of Colorado Springs in order to receive five additional federally funded surplus transit buses from that city? RECOMMENDATION Approval of Ordinance. BACKGROUND The purpose of this Agreement is to allow transfer from the City of Colorado Springs’ transit fleet to the City of Pueblo’s transit fleet five (5) federally funded transit buses, increasing the City of Pueblo’s transit bus fleet from 19 buses to 24 buses. These buses will be utilized every week during regular transit service. No compensation will be paid. These vehicles are being transferred “As Is” and without warranty of any kind. The City of Colorado Springs will provide title transfer documents to the City of Pueblo. FINANCIAL IMPACT None. VEHICLE TRANSFER AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE CITY OF COLORADO SPRINGS THIS Intergovernmental Agreement (the "Agreement "), dated for reference this 26 day of November, 2012, is made by and between the City of Pueblo, a Municipal Corporation ("Pueblo") and the City of Colorado Springs, a home rule city and Colorado municipal corporation ( "COS "). WHEREAS, COS currently owns and has possession of five (5) federally funded transit buses for which it no longer has need; and WHEREAS, COS desires to transfer ownership of the five (5) federally funded transit buses to Pueblo as set forth herein; and WHEREAS, Pueblo desires to take ownership and possession of the five (5) federally funded transit buses; and WHEREAS, this Agreement is made under authority of the Colorado Constitution, Art. XX, § 6, and Art. XIV, § 18, and C.R.S. § 29 -1 -203. NOW THEREFORE, the Parties agree as follows: Paragraph 1. COS transfers to Pueblo, for use by Pueblo Transit, all of its right, title and interest in the following described property consisting of five (5) federally funded transit buses (collectively, the "Vehicles "): Unit# Make /Model Year Fuel Vin# 101 GILLIG PHANTOM 2001 Diesel 15GCB201211110919 102 GILLIG PHANTOM 2001 Diesel 15GCB201911110920 103 GILLIG PHANTOM 2001 Diesel 15GCB201011110921 104 GILLIG PHANTOM 2001 Diesel 15GCB201211110922 105 GILLIG PHANTOM 2001 Diesel 15GCB201411110923 Paragraph 2. The transfer of these vehicles will be made with no monetary compensation to COS. Paragraph 3. Transfer of Vehicles. COS shall provide title transfer documents and titles to the Vehicles to Pueblo. Pueblo shall pick up the vehicles at 1015 Transit Drive Colorado Springs, CO 80903. Pueblo shall provide all drivers, mechanics, and other persons necessary to pick these vehicles up. Pueblo represents that it has inspected the Vehicles to the extent Pueblo deems necessary and accepts the Vehicles As -Is. Transfer shall be complete when COS has transferred titles to the Vehicles to Pueblo and Pueblo has physical possession of the Vehicles. Paragraph 4. No Warranty. Pueblo acknowledges and agrees that COS has made and does not make any representations or warranties, oral or written, express or implied, with respect ,to the Vehicles, including without limitation, warranties of merchantability, functionality, or fitness for a particular purpose. These Vehicles are transferred to Pueblo As -Is. Pueblo waives any right to and agrees not to assert any claim or defense against COS by reason of any defect in the Vehicles or breach or alleged breach or any warranties, representations, service or maintenance COS/Pueblo 5 Vehicle Transfer IGA 2012 agreements, express or implied, made by COS, the manufacturer of the Vehicles, or any other person. Paragraph 5. Assignment. This Agreement shall neither be assigned nor sublet by Pueblo. Paragraph 6. Governing Law. This Agreement is subject to and shall be interpreted under the law of the State of Colorado. Court venue and jurisdiction shall exclusively be in the Colorado District Court for Pueblo County, Colorado. The Parties agree that this Agreement shall be deemed to have been made in, and the place of performance is deemed to be in the City of Pueblo, Pueblo County, State of Colorado. Paragraph 7. Other Provisions. Pueblo further agrees that the use of these Vehicles is subject to and shall comply with the Federal Transit Administration Act, incorporated into this Agreement by reference, and Federal Transit Administration regulations. Paragraph 8. No Third Party Beneficiary. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to enforcement, shall be strictly reserved to the Parties, and nothing contained in this Agreement shall give or allow any claim or right of action under the Agreement by any other or third person or entity. It is the express intention of the Parties that any person or entity, other than the Parties to this Agreement, receiving services or benefits under this Agreement shall be deemed to be incidental beneficiaries only. Paragraph 9. Amendments. This Agreement may be amended only by prior writing executed by duly authorized representatives of Pueblo and COS. Paragraph 10. Headings. The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference, do not define or limit the scope or intent of any provisions of this Agreement, and shall not be construed to affect in any manner the terms and provisions of the Agreement or the interpretation or construction thereof. Paragraph 11. Entire Agreement. This Agreement constitutes the entire agreement between the Parties, and all other representations or statements previously made, verbal or written, are merged. This Agreement may be amended only in writing and executed by duly authorized representatives of the Parties. Paragraph 12. No Waiver Of Rights. No waiver of default by COS of any of the terms, covenants, and conditions to be performed, kept, and observed by either of the Parties shall be construed, or shall operate, as a waiver of any subsequent default of any of the terms, covenants, or conditions contained in this Agreement to be performed, kept, and observed by either of the Parties. Paragraph 13. Expenditures and Fees of Each Party Deemed Expenditures of That Party. The Parties to this IGA agree that the purpose of this IGA is to jointly accomplish pursuant to C.R.S. § 29 -1 -203 activities which could be performed separately by each Party. Accordingly, it is agreed and understood for purposes of the Colorado Constitution, Art. X, § 20, and the Colorado Springs City Charter, that any fees contributed or paid, or otherwise provided by any Party to this Agreement to another Party to this Agreement are and remain an expenditure of the contributing, paying, or otherwise providing Party, and are not revenue or expenditures of the receiving Party. COS /Pueblo 5 Vehicle Transfer IGA 2012 Paragraph 14. City Council Approval Required. Title and possession of the Vehicles shall not be transferred from COS to Pueblo unless and until this Intergovernmental Agreement has been . approved by the City Councils of Pueblo and COS. For the City of Pueblo: B _JAIL .1 this / 0 day of Ecc_ , 2012 Pre. de t o V'ty Council Approved as to Form City Attorne Attest: City Verk COS /Pueblo 5 Vehicle Transfer IGA 2012 For the City of Colorado Springs, a Colorado home rule city: { By /fl/ l _ this 0/J ./lay ay of 2 , , 2012 Steve Bach Mayor Approved as to Form ._ of itkaj 0t O i e. f the ity Attorrn Cit o 'Colorado Springs ' COS/Pueblo 5 Vehicle Transfer IGA 2012