HomeMy WebLinkAbout09494 ORDINANCE NO. 9494
AN ORDINANCE APPROVING AN AGREEMENT WITH
KANSAS CITY AREA TRANSPORTATION AUTHORITY
FOR THE TRANSFER OF TWO TRANSIT BUSES TO BE
USED IN PUBLIC TRANSIT OPERATIONS
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Agreement between City and the Kansas City Area Transportation Authority
for the purpose of transferring two buses, having been approved as to form by the City
Attorney, is hereby approved.
SECTION 2.
The Mayor is authorized to execute the Agreement for and on behalf of the City,
and the acting 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 authorized and directed to perform any and
all acts consistent with the intent of this Ordinance and the attached Agreement to
effectuate the policies and procedures described therein.
SECTION 4.
This Ordinance shall become effective on the date of final action by the Mayor and
City Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on June 24, 2019 .
Final adoption of Ordinance by City Council on July 8, 2019
President of City Council
Action by the Mayor:
☒
Approved on July 11, 2019 .
□
Disapproved on based on the following objections:
_
Mayor
Action by City Council After Disapproval by the Mayor:
□
Council did not act to override the Mayor's veto.
□
Ordinance re-adopted on a vote of , on
□
Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
City Clerk
City Clerk’s Office Item # R-2
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: June 24, 2019
TO: President Dennis E. Flores and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Brenda Armijo, City Clerk
FROM: Benjamin Valdez, Acting Director of Transit
SUBJECT: AN ORDINANCE APPROVING AN AGREEMENT WITH KANSAS CITY AREA
TRANSPORTATION AUTHORITY FOR THE TRANSFER OF TWO TRANSIT
BUSES TO BE USED IN PUBLIC TRANSIT OPERATIONS
SUMMARY:
The attached Ordinance approves the agreement between City and the Kansas City Area
Transportation Authority for the transfer of two used buses.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
Pueblo Transit is accepting the transfer of two used buses from the Kansas City Area
Transportation Authority to replace units 201 and 202. These buses are used primarily as State
Fair Shuttle vehicles as their make and model are designed for over the road use and not inter
city transportation. Pueblo Transit cannot functionally use these vehicles for current service, so
their replacement is paramount. In addition, the State Fair shuttle would be greatly enhanced
with the addition of these newer Gillig coaches.
FINANCIAL IMPLICATIONS:
City agrees to pay $10.00 per bus and other good and valuable consideration to Kansas City Area
Transportation Authority.
BOARD/COMMISSION RECOMMENDATION:
Pueblo Transit Board recommends approval.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
Denying the ordinance will prevent Pueblo Transit acquiring additional spare buses which may
impact daily bus service and the State Fair Shuttle.
RECOMMENDATION:
Approval of the Ordinance.
Attachments:
Proposed Ordinance, Agreement
AGREEMENT
For the Sale of two (2)KCATA Buses #2602,2603.
This AGREEMENT was made on this
ib day of 2019, between Pueblo, a Colorado home rule
municipality, acting for the benefit of Pueblo Transit ("PT") and the Kansas City Area Transportation
Authority, a body corporate and politic of Kansas and Missouri ("KCATA").
RECITALS
WHEREAS, PT has the authority to enter into agreement with other political subdivisions of another
state under the authority of the Colorado Constitution,Art. XX, §6,Art. XIV, §18,and CRS §29-1-203 and
KCATA has the authority to responsibly dispose of surplus property pursuant to Kansas and Missouri law.
WHEREAS, PT has requested that KCATA sell two (2) buses to it in support of their public transit
operations in Pueblo, Colorado.
WHEREAS, KCATA, in furtherance of its public transit mission desires to assist PT by selling two
(2)of its surplus buses to PT to be used in its public transit operations in Pueblo, Colorado.
WHEREAS, the two (2) buses KCATA is selling to PT have exceeded their useful life per FTA
requirements.
WHEREAS, the parties agree that it is in the mutual best interest to enter into this Agreement
between the two parties regarding the sale and transfer of two(2)of KCATA's surplus buses to PT.
NOW,THEREFORE,as consideration for(a)the conveyance of the two (2) buses described below
PT will pay the sum of TWENTY AND NO/100 DOLLARS ($20.00)($10.00 per bus)and other good and
valuable consideration to KCATA. For the consideration above specified, the receipt and sufficiency of
which are expressly acknowledged:
1. Individual Buses being sold and condition. KCATA sells the following buses
a. Bus #2602, Year: 2006, Make: Gillig, Model: 40' LF Diesel,
VIN: 15GGD291661076540. Mileage: 467,431
b. Bus #2603, Year: 2006, Make: Gillig, Model: 40' LF Diesel,
VIN: 15GGD291861076541. Mileage: 462,974
to PT to be used in its public transit fleet serving the people of Pueblo Colorado. PT acknowledges and
agrees that said sale (i) is being made pursuant to the terms and conditions attached hereto as Exhibit A and
incorporated by reference,and (ii) shall be effectuated via the bill of sale attached as Exhibit B.
2. No Warranty. KCATA makes no representation or warranties in connection with its sale of Buses
#2602,and 2603 to PT. Buses#2602,and 2603 are being sold to PT on an"as is","as available"and"with
all faults" basis, without warranty. KCATA disclaims all implied warranties, including the implied
warranties of fitness for a particular purpose, and warranties implied from a course of dealing, course of
performance, or usage of trade.
3. Indemnity and Hold Harmless. To the extent permitted by law, PT shall indemnify, defend and
hold harmless KCATA, its Commissioners, officers,attorneys,and employees from and against any and all
claims, losses, damages, causes of actions, suits, liens and liability of every kind, (including all expenses of
litigation, expert witness fees, court costs and attorney's fees whether or not suit be commenced) by or to
any person or entity (collectively the "Liabilities") arising out of, caused by, related to, or resulting from
Page 2 of 5
(a) this agreement; (b) the acts or omissions of PT, its officers, employees, agents, representatives and
contractors, in connection with the purpose of this Agreement, and (c) PT's breach of this Agreement,
regardless of whether or not such claim, damage, loss or expense is caused in part or in whole by a party
indemnified hereunder.
4. Casualty Insurance. PT shall maintain adequate liability and property insurance to cover the cost
of loss to the Buses#2602, and 2603 while on KCATA's property or in KCATA's control.
5. Assignment and delegation. Neither party shall assign any rights or delegate any duties under this
agreement without the express written consent of the other. Any attempted assignment or delegation
contrary to the provisions of this paragraph shall be null and void.
6.Merger clause. Negation of Course of Dealings,Trade Usage;No Oral Modifications.The parties
intend this statement of their agreement to constitute the complete, exclusive and fully integrated statement
of their agreement.No representations,understandings,or agreements have been made or relied upon in the
making of this agreement other than those specifically set forth herein.This agreement can only be modified
in a writing signed by the parties or their duly authorized agents.
7. No Partnership. It is expressly understood that the parties are not now, nor will they be, engaged
in a joint venture, partnership or any other form of business or relationship due to the sale of Buses #2602,
and 2603 by KCATA to PT.
8. Notice. Any notice,extension, amendment,or modification to this Agreement shall be in writing
to the following:
If to PT: Benjamin R. Valdez
Acting Director
Pueblo Transit
350 Alan Hamel Ave
Pueblo,Colorado 81003
If to KCATA: Michael Graham
Senior Vice President/CFO Administration
Kansas City Area Transportation Authority
1350 E. 17th Street
Kansas City, MO 64108
mgraham(cacata.org
9. Benefit. This agreement shall be binding upon and inure to the benefit of the parties, their
successors, and assigns if the applicable terms of this agreement regarding assignment and delegation are
duly complied with.
IN WITNESS WHEREOF, This Agreement is entered into as the date first above written.
Kansas Cit y Are Transpedaia Authority Pueblo, a Colorado home rule municipality
By: By: 4
Robbie Makinen, President/CEO ick Gradisar, yor
Attes ki C,I�Utvt�t ��
ity Clerk
Page 3 of 5
EXHIBIT A
SURPLUS PROPERTY (Buses) SALE TERMS AND CONDITIONS
The sale of surplus property:
a. Bus #2602, Year: 2006, Make: Gillig, Model: 40' LF Diesel,
VIN: 15GGD291661076540. Mileage: 467,431
b. Bus #2603, Year: 2006, Make: Gillig, Model: 40' LF Diesel,
VIN: 15GGD291861076541. Mileage: 462,974
1. Condition of the Property.
All property listed herein (Buses#2602 and 2603)are offered"as is"and "where-is" and without
recourse against KCATA. KCATA makes no guaranty, warranty or representation, expressed or
implied, of any nature whatsoever in connection with the property,except that KCATA warrants
its title thereto and no claim will be considered for allowance or adjustment or for rescission of the
sale based on failure of the property to correspond with the standard expected. This is a limited
title warranty and is the only warranty made by the KCATA. KCATA disclaims all other
warranties, express or implied including but not limited to implied warranties of merchantability
and fitness for a particular purpose with regard to the property.
Every effort has been made to accurately describe the property offered for sale. However, PT is
cautioned that Buses #2602 and 2603 are used and may contain defects not immediately
detectable. The two (2) buses are available for public inspection prior to execution of this
Agreement. KCATA shall have no responsibility for inspection, testing, or for any information it
furnishes or fails to furnish as a result thereof.Any testing and inspection information that may be
provided by KCATA is furnished for information purposes only, and any reliance thereon shall be
at the sole risk and responsibility of PT. The sale is final upon execution of this Agreement.
2. Taxes and Fees.
Any transfer fees or taxes(including any applicable sales or property taxes) imposed by any
governmental authority in connection with the transfer of the property shall be paid by PT.
3. Miscellaneous.
None of the terms or provisions herein shall be deemed to create a partnership,joint venture or
other joint enterprise between or among KCATA and PT. PT may be barred from participating in
any future KCATA sale for(i)failing to observe these Terms and Conditions; (ii) failure to make
good and timely payment for Buses#2602 and 2603; (iii) failure to timely take possession of
Buses#2602 and 2603; or (iv) in KCATA's sole and absolute discretion.
If PT fails to pay the purchase price or take timely possession of and remove Buses#2602 and
2603 from KCATA property within 10 days after the execution of this Agreement all rights,title
and interest in Buses#2602 and 2603 hereunder will be forfeited at the option and in the sole
discretion and absolute of the KCATA.
These Terms and Conditions applicable to the sale of surplus property (Buses#2602 and 2603)
may be changed at any time without notice by KCATA.
Page 4 of 5
EXHIBIT B
BILL OF SALE
In consideration of Twenty and No/100 Dollars($20.00), and in consideration of the closing of a
transaction whereby Pueblo, a home rule municipality, acting for the benefit of Pueblo Transit("PT") is
purchasing from the KCATA personal property (as hereinafter defined), and for other good and valuable
considerations paid to the Kansas City Area Transportation Authority, a Kansas and Missouri body
corporate and politic ("Seller"), said Seller hereby grants, sells, conveys, transfers and delivers to PT its
successors and assigns ("Purchaser"), the following:
Vehicles:
a. Bus #2602, Year: 2006, Make: Gillig, Model: 40' LF Diesel,
VIN: 15GGD291661076540. Mileage: 467,431
b. Bus #2603, Year: 2006, Make: Gillig, Model: 40' LF Diesel,
VIN: 15GGD29l 86l 07654 l. Mileage: 462,974
hereafter referenced as the"personal property"; and
To the extent assignable, all limited and unlimited warranties, guaranties, service contracts or agreements
(provided that any such contract or agreement has been previously paid in full by the Seller for the
remainder of the term hereof),and other such agreements or assurances which accompany, apply to, or
have been received or entered into by Seller or for Seller's benefit in connection with any of the Personal
Property.
All Personal Property is conveyed "AS IS"and "WHERE IS." Purchaser shall have all right, title and
interest to each and every item of the above-described Personal Property, and Seller shall have no right,
title or interest in any of the same after the date hereof. Seller warrants and represents that it is the lawful
owner of all the Personal Property conveyed hereunder, and has full right, power and authority to sell,
convey and/or assign the same to Purchaser free and clear of all liens, security interests or encumbrances
of any kind.
Seller agrees to take such further actions and to execute and deliver such additional documents or
instruments as Purchaser may reasonably request to document and/or confirm the conveyance of the
Personal Property described herein.
INTENDING to be fully bound hereby, Seller has executed this Bill of Sale at Kansas City, Missouri as of
this /8t"- day of J ne 2019.
.� uI`1
SELLER: KANSAS CITY AREA TRANSPORTATION AUTHORITY, a Kansas and Missouri body
corporate and politic.
By:
Robbie Makinen, President/CEO.
Page 5 of 5
STATE OF MISSOURI )
) SS.
COUNTY OF JACKSON )
On this Ia day of Jt. 2019, before a Notary Public in and for said state, personally appeared
Robbie Makinen, who being by me duly sworn did say that he is the President/CEO of the Kansas City
Area Transportation Authority and that the written instrument was signed and sealed on behalf of said
Authority and acknowledge said instrument to be free of said Authority for the purposes therein stated.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year last
above written.
JANET LEVERICH
Notary Public-NotaryMSeal
OF
STATE OF MISSOURI
County of Jackson
My Commission Expires:July 05,2020 No Public in and for said County and State
Commission#18842770
My Commission Expires:
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