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Home My WebLink About13813 RESOLUTION NO. 13813 A RESOLUTION APPROVING AN AGREEMENT TO DONATE PROPERTY AND RELEASE OF CLAIMS BETWEEN CITY OF PUEBLO AND BOONE VOLUNTEER FIRE DEPARTMENT RELATING TO USED AND SURPLUS BREATHING AIR COMPRESSOR BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement to Donate Property and Release of Claims between City of Pueblo and Boone Volunteer Fire Department, a volunteer fire department organized under section 24-33.5- 1208.5., C.R.S., (“Agreement”) relating to used and surplus breathing air compressor, a copy of which is attached hereto, 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 in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. The officers of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution and the attached Agreement to effectuate the policies and procedures described therein. SECTION 4. This Resolution shall become effective immediately upon final passage. INTRODUCED October 23, 2017 BY: Robert Schilling City Clerk’s Office Item # Q-2 Background Paper for Proposed Resolution COUNCIL MEETING DATE: October 23, 2017 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Shawn Shelton, Fire Chief – Fire Department SUBJECT: A RESOLUTION APPROVING AN AGREEMENT TO DONATE PROPERTY AND RELEASE OF CLAIMS BETWEEN CITY OF PUEBLO AND BOONE VOLUNTEER FIRE DEPARTMENT RELATING TO USED AND SURPLUS BREATHING AIR COMPRESSOR SUMMARY: Attached is an agreement between the City of Pueblo and the Boone Volunteer Fire Department concerning the donation, by the City of Pueblo, of an American Bristol INO air compressor, Model SAC 16G, Serial number 874-14 to the Boone Volunteer Fire Department. PREVIOUS COUNCIL ACTION: A 1988 Smeal Fire Pumper was donated to the City of Chihuahua, Mexico and numerous sections of fire hose and a similar Smeal Fire Pumper were donated to the Rye Fire Protection District. BACKGROUND: With recent purchases of new equipment, the City of Pueblo has an American Bristol INO air compressor that is deemed surplus to our needs. The air compressor has been unused for a prolonged length of time and no longer meets the needs of the department. The Boone Volunteer Fire Department has shown interest and a need for this piece of equipment. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: None. RECOMMENDATION: Approval of the Resolution. Attachments: Agreement Certification AGREEMENT TO DONATE PROPERTY AND RELEASE OF CLAIMS THIS AGREEMENT tt Donate Property and Release of Claims ("Agreement") is made and entered into this .2 3 day of Otho se.c' , 2017, by and between Pueblo, a Municipal Corporation ("Donor") and Boone Volunteer Fire Department, a volunteer fire department organized under section 24-33.5-1208.5., C.R.S.,_ ("Donee"). WITNESSETH: WHEREAS, Donor owns one (1) breathing air compressor, American Bristol INO, Model SAC 16G, Serial number 874-14(herein the"Property")which is surplus to its needs and is willing to transfer the Property to Donee; and WHEREAS, the Donee has agreed to accept the Property in its current condition without warranty and to release Donor from any and all claims and demands with respect to the condition or future use of the Property; and WHEREAS, the parties desire to enter into this Agreement setting forth the terms and conditions of the transfer of the Property. NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows: 1. Transfer. City transfers all its right, title, and interest in and to the Property to the Donee and Donee accepts such transfer. 2. Disclaimer of Warranty. DONEE ACCEPTS THE PROPERTY "AS IS, WITH ALL ITS FAULTS." DONOR MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE DESIGN, OPERATION OR CONDITION OF THE PROPERTY, ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, THE ABSENCE OF LATENT OR OTHER DEFECTS (WHETHER OR NOT DISCOVERABLE), AND DONOR HEREBY DISCLAIMS THE SAME. 3. Release and Discharge. Donee agrees to completely release and forever discharge Donor 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 Donee or its officers, agents and employees may have or may hereafter have against the Donor for or by reason of any matter, cause, or thing relating to the transfer, use, or condition of the Property. 4. Indemnification. Donee shall indemnify, defend and hold harmless the Donor and its officers agents and employees from any and all claims, actions, assessments, demands, liabilities, causes of action, whatsoever which may arise after the date of this Agreement out of the transfer, use, operation, or condition of the Property. 5. Limitation on Transfer. Donee stipulates, acknowledges and agrees that Donee shall not sell or offer to sell the Property. 6. 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. 7. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, and assigns. 8. 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 day and year first written above. DONOR CITY OF ' _ ... By City lerk President of City Council DONEE Name::3:;si Title: ,mac. C ki e-P ATTEST: Name: Title: