HomeMy WebLinkAbout12637RESOLUTION NO. 12637
A RESOLUTION AUTHORIZING THE DONATION OF AN
OBSOLETE TRANSIT BUS, VIN #T8H203288, TO THE
PUEBLO TRANSPORTATION TECHNOLOGY CENTER
FOR TRAINING PURPOSES
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The President of City Council is authorized to approve, in the name of the City of
Pueblo, the donation of an obsolete transit bus to the Pueblo Transportation Technology
Center to be used for training.
SECTION 2.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED: April 8, 2013
BY: Ami Nawrocki
Background Paper for Proposed
RESOLUTION
DATE: April 8, 2013 AGENDA ITEM # M-8
DEPARTMENT: PUEBLO TRANSIT
BRENDA BROYLES
DIRECTOR OF TRANSIT
TITLE
A RESOLUTION AUTHORIZING THE DONATION OF AN OBSOLETE TRANSIT BUS,
VIN #T8H203288, TO THE PUEBLO TRANSPORTATION TECHNOLOGY CENTER
FOR TRAINING PURPOSES
ISSUE
Should City Council authorize the donation of an obsolete transit bus to the Pueblo
Transportation Technology Center for training purposes?
RECOMMENDATION
Approval of Resolution.
BACKGROUND
This bus was originally donated to the Pueblo Police Department for use in a special
project; however, the bus was returned to Pueblo Transit due to PPD’s inability to
secure special funding for their project. The Federal Transit Administration has no
interest on this bus since it has surpassed its life cycle (12 years and/or 500,000 miles).
FINANCIAL IMPACT
The current value of this bus is $300.
AGREEMENT TO DONATE PROPERTY
AND RELEASE OF CLAIMS
THIS AGREEMENT to Donate Property and Release of Claims ( "Agreement ") is
made and entered into by and between the Transportation Technology Center, Inc.,
55000 DOT Road, Pueblo, CO 81001 ( "TTC ") Pueblo, a municipal corporation ( "City ").
WITNESSETH:
WHEREAS, City owns one (1) 1978 40 Foot RTS Bus, VINT8H203288 (herein
the "Bus ") which is surplus to its needs and is willing to transfer the Bus to TTC for use
by TTC in its Security Emergency Response Training Center; and
WHEREAS, TTC 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:
1. Effective Date. This agreement will become effective upon the occurrence of
both of the following conditions: (a) execution and approval of this agreement
by the President of City Council pursuant to Resolution No. 12637 and (b)
transfer to TTC and removal of the Bus from its present location at Pueblo
Transit. If each of these events do not occur on or before September 1, 2013,
this agreement will become null and void and unenforceable.
2. Transfer. City transfers all its right, title, and interest in and to the Bus to TTC,
and TTC accepts such transfer.
3. Disclaimer of Warranty. TTC ACCEPTS THE BUS "AS IS, WHERE IS AND
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.
4. Release and Discharge. TTC 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 TTC, 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. Indemnification. TTC shall indemnify, defend and hold harmless 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 out of the transfer, use, operation, or condition of the Bus.
6. Miscellaneous Provisions.
(a) 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.
(b) This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective successors, and assigns.
{ (c) 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 date
below written:
CITY OF PUEBLO ! __-
By: _ �
City rk _ r- • - of the City Council
On: 8 - l
(Date)
TRANSPORT ON TECHNOLOGY CENTER, INC.
- .. ? e, ‘ „ /( ' •
By:
(Signature)
Sean M. Dedrickson
(Name)
Its: Manager, Contracts
(Title)
On: July 18, 2013
(Date)