HomeMy WebLinkAbout13224RESOLUTION NO. 13224
A RESOLUTION APPROVING A $10,000 EQUIPMENT
DONATION AGREEMENT BETWEEN THE CITY OF PUEBLO
AND THE CITY OF CHIHUAHUA, MEXICO AND AUTHORIZING
THE PRESIDENT OF CITY COUNCIL TO EXECUTE THE SAME
WHEREAS, the Fire Department has negotiated an Agreement with the City of
Chihuahua, Mexico concerning the City of Pueblo to donate, transfer, and assign to the City of
Chihuahua, Mexico all of its right, title, and interest in and to the described equipment therein;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The proposed Agreement between the City of Pueblo and the City of Chihuahua, Mexico
dated April 8, 2015, a copy of which is attached to this Resolution having been approved as to
form by the City Attorney, is hereby approved.
SECTION 2.
The President of City Council is authorized to execute the Agreement for and on behalf
of the City of Pueblo and the City Clerk is directed to affix the seal of the City thereto and attest
same.
SECTION 3.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of this Resolution to effectuate the policies and procedures described
herein.
INTRODUCED: _ May 11, 2015
BY: Ed Brown
City Clerk’s Office Item # M-3
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: May 11, 2015
TO: President Steve Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Dale E. Villers – Fire Department
SUBJECT: A RESOLUTION APPROVING A $10,000 EQUIPMENT DONATION
AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE CITY OF
CHIHUAHUA, MEXICO AND AUTHORIZING THE PRESIDENT OF CITY
COUNCIL TO EXECUTE THE SAME.
SUMMARY:
Attached is an Intergovernmental Agreement between the City of Pueblo and the City of
Chihuahua, Mexico concerning the City of Pueblo to donate, transfer and assign to the City of
Chihuahua, Mexico all of its right, title and interest in and to the described equipment contained
therein.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
With the recent purchase of new equipment, the City of Pueblo has a 1988 Smeal 1250 GPM
pumper, breathing air compressor/fill station, and 28 self contained breathing apparatus (SCBA)
air bottles that are deemed surplus to our needs. The pumper has been unused for many years;
the breathing air compressor/fill station is nearly 20 years old and would require significant
financial resources for repair services. The 28 SCBA bottles have passed their 15 year product
life and can no longer be used due to regulations. The Fire Commissioner of the City of
Chihuahua, Mexico has expressed interest in acquiring any and all equipment regardless of age
or condition.
FINANCIAL IMPLICATIONS:
None.
BOARD/COMMISSION RECOMMENDATION:
Not applicable.
STAKEHOLDER PROCESS:
Not applicable.
ALTERNATIVES:
None.
RECOMMENDATION:
Approval of the Resolution.
Attachments: Intergovernmental Agreement
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AGREEMENT
THIS AGREEMENT entered into on the 8th day of April, 2015, between Pueblo, a
municipal corporation (the "Pueblo") and the City of Chihuahua, Mexico (the "Chihuahua"),
WITNESSETH:
WHEREAS, Pueblo is the owner of certain equipment which are surplus to its needs,
and
WHEREAS, Chihuahua is in need of such equipments, and
WHEREAS, Pueblo is willing to transfer and sell the fire truck to Chihuahua and
Chihuahua is willing to accept the equipment 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 Chihuahua agree as follows:
1. Pueblo does hereby sell, transfer and assign to Chihuahua all of its right, title
and Interest in and to the following described equipment (the"Equipment"):
(a) 1988 Smeal 1250 GPM fire pumper (City #081101)
(VIN #1FDYD8OU4HVA67302 1C)
(b) Eagle air compressor (City #19045) (Serial #63941001) (Manufacture
Date 10-9-96)
(c) Eagle air bottle fill station (Serial # 63941008) (Manufacture Date 10-
9-96)
(d) MSA SCBA bottles with serial numbers and manufacture dates:
SERIAL NUMBER MANUFACTURE DATE
OK-7905 03/1999
OK-15556 02/2000
OK-16196 03/2000
OK-8265 03/1999
ALT-639-39052 11/1999
�L H AYV OK-16204 03/2000
O NT OK-16250 03/2000
ti =„,- .F OK-7929 03/1999
Q`S' "' yj, OK-8146 03/1999
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W w o. OK-29431 07/2002
} " OK-5455 05/1998
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OK-5141 05/1998
OK-7903 03/1999
ALT-639-43047 01/2000
OK-15541 02/2000
OK-15685 02/2000
OK-50084 08/2002
OK-7819 02/1999
OK-16127 03/2000
OK-15636 02/2000
ALT-639-38920 11/1999
ALT-639-45468 01/2000
OK-7858 02/1999
ALT-639-38883 11/1999
OK-7769 02/1999
OK-8253 03/1999
OK-8142 03/1999
OK-8150 03/1999
2. PUEBLO SELLS AND TRANSFERS THE EQUIPMENT AND CHIHUAHUA ACCEPTS
THE EQUIPMENT "AS IS, WHERE IS, WITH ALL ITS FAULTS", WITHOUT WARRANTIES,
EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE.
3. Pueblo will deliver the Equipment to Chihuahua and Chihuahua will accept
delivery of the Equipment in Pueblo, Colorado. Chihuahua shall at its sole cost and expense
cause the Equipment to be moved and transported to Chihuahua. Chihuahua 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 Equipment by Chihuahua.
4. 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.
PUEBLO, A MUNICIPAL CORPORATION
IOW?Cl:
Attest: ' ' By
City.- Pr- o the City Counci
THE CITY OF CHIHUAHUA, MEXICO
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Air�At,at• By
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