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Home My WebLink About09603 ORDINANCE NO. 9603 AN ORDINANCE APPROVING AN AGREEMENT TO DONATE PROPERTY AND RELEASE OF CLAIMS BETWEEN CITY OF PUEBLO AND RED CREEK VOLUNTEER FIRE AND RESCUE, INC., RELATING TO 14 SELF-CONTAINED BREATHING APPARATUS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement to Donate Property and Release of Claims between City of Pueblo and Red Creek Volunteer Fire and Rescue, Inc., a Colorado non-profit corporation (“Agreement”) relating to 14 SCBA (self-contained breathing apparatus), a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Mayor 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 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 November 11, 2019 . Final adoption of Ordinance by City Council on November 25, 2019 . President of City Council Action by the Mayor: ☒ Approved on November 27, 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-9 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: November 11, 2019 TO: President Dennis E. Flores and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Brenda Armijo, City Clerk FROM: Barbara Huber, Fire Chief SUBJECT: AN ORDINANCE APPROVING AN AGREEMENT TO DONATE PROPERTY AND RELEASE OF CLAIMS BETWEEN CITY OF PUEBLO AND RED CREEK VOLUNTEER FIRE AND RESCUE INC., RELATING TO 14 SELF-CONTAINED BREATHING APPARATUS SUMMARY: The attached ordinance and agreement authorize the donation of property and release of claims between the City of Pueblo and Red Creek Volunteer Fire and Rescue Inc. in relation to used and surplus self-contained breathing apparatus that the Pueblo City Fire Department is currently in possession of. PREVIOUS COUNCIL ACTION: None. BACKGROUND: This agreement allows the Donor (City of Pueblo Fire Department) to transfer a surplus self- contained breathing apparatus to Donee (Red Creek Volunteer Fire and Rescue Inc.). Donor owns fourteen self-contained breathing apparatus equipment that are surplus to its needs. Donee has agreed to accept the property in its current condition without warrant and releases the Donor from any and all claims and demands with respect to the condition or future use of the property being donated. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: The alternative is to take no action and allow the surplus equipment to be disposed of according to City practice for surplus property. RECOMMENDATION: Approval of the Ordinance. Attachments: Donation Agreement AGREEMENT TO DONATE PROPERTY AND RELEASE OF CLAIMS THIS AGREEMET to Donate Prope y and Release of Claims ("Agreement") is made and entered into this / sifr day of 0 cJv e-v , 2019, by and between Pueblo, a Colorado municipal Corporation("Donor")and Red Creek Volunteer Fire and Rescue, Inc., a Colorado non- profit corporation ("Donee"). WITNESSETH: WHEREAS, Donor owns 14 SCBA (self-contained breathing apparatus), Serial Numbers LZ009922BG, LZ0099I7BG, LZ009936BG, LZ009932BG, LY276396JMR, LY276402JMR, LY276395JMR, LZ009903BG, LZ009937BG, LZ009879BG, LZ009939BG, LZ009901BG, LZ009914BG and LZ009918BG(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. 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. 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. 6. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, and assigns. 7. 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. 8. The person signing this Agreement on behalf of Donee represents and warrants that he or she has the requisite power and authority to enter into,execute, and deliver this Agreement on behalf of Donee and that this Agreement is a valid and legally binding obligation of Donee enforceable against it in accordance with its terms. IN WITNESS WHEREOF, the parties have entered into this Agreement the day and year first written above. DONOR CITY OF PUEBLO By �� ""_� ity Clerk Mayor DONEE Red Creek Volunteer Fire and Rescue, Inc. By0 amPC fC vre cA/eI e: 3"t 7N /D6I/U6 '6/U Title: President ATTEST: Name: Title: