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