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ORDINANCE NO. 9657
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE
NORTHERN COLORADO TRUCK DRIVING ACADEMY AND THE
CITY OF PUEBLO, A MUNICIPAL CORPORATION, FOR USE OF
A PARKING LOT IN THE PUEBLO MEMORIAL AIRPORT
INDUSTRIAL PARK, AND AUTHORIZING THE MAYOR TO
EXECUTE SAME
WHEREAS, the Northern Colorado Truck Driving Academy provides Commercial Driver’s
License (CDL) testing to its clients within Pueblo County, Colorado; and
WHEREAS, the City owns vacant lots normally used for public parking which are not
always in use and may be available for use by the Northern Colorado Truck Driving Academy;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Agreement for Use of Pueblo Parking Lot by and between the City of Pueblo, a
Municipal Corporation, and the Northern Colorado Truck Driving Academy, relating to the use of
a City parking lot for the purpose of providing Commercial Driver’s License testing to the
Academy’s clients, a copy of which is attached hereto, having been approved as to form by the
City Attorney, is hereby approved, subject to the conditions as set forth in said Agreement.
SECTION 2.
The Mayor is hereby authorized to execute said Agreement for Use of Pueblo Parking Lot
on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City
thereto and attest the 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 Ordinance and the attached Agreement to effectuate the
transactions 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 January 27, 2020.
Final adoption of Ordinance by City Council on February 10, 2020.
President of City Council
Action by the Mayor:
☒ Approved on February 12, 2020 .
☐ 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-4
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: January 27, 2020
TO: President Dennis E. Flores and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Brenda Armijo, City Clerk
FROM: Greg Pedroza, Interim Director of Aviation
SUBJECT: AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE NORTHERN
COLORADO TRUCK DRIVING ACADEMY AND THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, FOR USE OF A PARKING LOT IN THE PUEBLO
MEMORIAL AIRPORT INDUSTRIAL PARK, AND AUTHORIZING THE MAYOR
TO EXECUTE SAME
SUMMARY:
An Agreement between the Northern Colorado Truck Driving Academy and the City of Pueblo,
allowing the Academy to use a parking lot in the Pueblo Memorial Airport Industrial Park, is
attached for City Council’s consideration.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND
The Northern Colorado Truck Driving Academy provides Commercial Driver’s License (CDL)
testing to its clients within Pueblo County, Colorado and needs a place to do its testing. The City
owns a parking lot in the Pueblo Memorial Airport Industrial Park which is not always in use and
may be used for this testing. The lot is located south of United Avenue, between Lockheed
Avenue and Big R Street.
FINANCIAL IMPLICATIONS:
In consideration for the City allowing the Northern Colorado Truck Driving Academy use of the
City’s parking lot, the company will provide CDL testing to five (5) City employees at no cost or
charge.
BOARD/COMMISSION RECOMMENDATION:
None.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
If this Ordinance is not approved, the Northern Colorado Truck Driving Academy will not be
allowed to use the City’s parking lot.
RECOMMENDATION
The Department of Aviation recommends the passage of this Ordinance.
Attachments:
Agreement for Use of Pueblo Parking Lot
AGREEMENT
FOR
USE OF PUEBLO PARKING LOT
THIS AGREEMENT ("Agreement") is made and entered into as of the 9' day of
, 2020 (the "Effective Date")by and between the Northern Colorado Truck
Driving A ademy with an address of 425 John Deere Dr. #3, Fort Collins, Colorado 80524
(hereinafter referred to as"Permittee"), and the City of Pueblo, a Municipal Corporation, with an
address of 1 City Hall Place, Pueblo, Colorado 81003 (hereinafter referred to as"City").
WHEREAS, Permittee provides Commercial Driver's License(CDL) testing to its clients
(collectively "Clients") within Pueblo County, Colorado; and
WHEREAS, City owns vacant lots (collectively "City Facilities") normally used for
public parking, which City Facilities are not always in use and may be available for use by
Permittee; and
WHEREAS, Permittee desires to use the City Facilities in connection with the CDL
testing it provides to Clients; and
WHEREAS, City is willing, subject to the conditions set forth in this Agreement, to
allow Permittee to use the City Facilities, when not in use by City, to provide CDL testing to its
Clients; and
WHEREAS, Permittee has specifically authorized the undersigned representative of
Permittee to execute this Agreement on its behalf and thereby contractually obligate and bind
Permittee to the terms of this Agreement;
NOW, THEREFORE, in consideration of the foregoing recitals and the terms and
conditions set forth herein, the parties agree as follows:
1. Subject to the terms, conditions and requirements of this Agreement, City will
allow Permittee and its Clients to use and occupy the City Facilities as designated by the Director
of Aviation when such facilities are not otherwise scheduled for or in use by City. City Facilities
include only the City's parking lot located south of United Avenue, between Lockheed Avenue
and Big R Street, within the Pueblo Memorial Airport Industrial Park.
2. The term of this Agreement shall commence on the Effective Date and proceed on
a month-to-month basis. This Agreement shall automatically renew each month, unless a party
provides written notice of its intent not to renew at least fourteen (14) days prior to the end of the
then current month. City may immediately terminate this Agreement at any time upon written
notice to Permittee. The provisions of sections 3, 13, 14, 16, 18, 19, 20, and 22 shall survive the
expiration or termination of this Agreement.
3. It is understood and agreed that City hereby reserves all rights to control and
manage City Facilities and to enforce all necessary and proper rules for the management and
operation of the same and for its authorized representatives to enter the facilities at any time to
make inspections regarding Permittee's conformity with the terms of this Agreement. City also
reserves the right, but not the duty, through its duly appointed representatives, to eject any
objectionable persons from the premises and Permittee hereby waives any and all claims for
damages against City and any and all of its agents or employees resulting from the exercise of
this authority.
4. Permittee shall pay to City for use of the City Facilities a usage fee of$
for each day Permittee intends to use the City Facilities, where fees will not be prorated or
reduced for partial days of use. This fee shall be paid in full on the first day of each month prior
to any use of City Facilities. Fees shall be adjusted annually on January 1 of each year by the
increase or decrease of the Consumer Price Index— All Urban Consumers.
5. In consideration for City allowing Permittee to use City Facilities in accordance
with this Agreement, Permittee shall provide, at no cost or charge, CDL testing to five (5) City
employees. Said CDL testing shall be provided within twelve (12) months from the Effective
Date, and annually thereafter, at the times and locations designated by City and agreed upon by
Permittee.
6. Permittee shall use City Facilities in a careful, safe, and proper manner and not
permit or maintain any damage, nuisance, or waste in, on, or about City Facilities. Permittee shall
monitor its employees and Clients on their use of the City Facilities to ensure that they use the
same in a careful, safe, and proper manner in compliance with this Agreement. Upon execution
of this Agreement, Permittee shall deliver to City a security deposit in the amount of five hundred
dollars ($500.00). In the event that Permittee fails to pay the usage fee or any other fee due under
this Agreement, fails to perform any obligation at any time under this Agreement, or damages
the City Facilities in any way, City may draw from the security deposit to remedy same. In
the event that the City draws from this deposit, City shall notify Permittee in writing and require
Permittee to replenish the deposit to the original level.
7. Permittee shall maintain the City Facilities in accordance with the requirements and
regulations of City. Permittee shall be responsible for all costs, fees, charges, and penalties
associated with the discharge or release of any hazardous material (including petroleum products).
Permittee shall be responsible for the containment or removal of any contamination or hazardous
material (including petroleum products) on, over or under the City Facilities, which is caused by
Permittee, its officers, agents, employees, contractors or Client. The storage and accumulation of
fuel, flammables, explosive liquids or solids, waste, debris or other hazardous materials within or
on the City Facilities or adjacent grounds is expressly prohibited without prior written consent
from the Director of Aviation.
8. Permittee, at its sole cost and expense, shall maintain the City Facilities, to include
pavement maintenance, painted markings, pest control, snow removal, and other such activities
necessary to access said areas. At no time shall snow, dirt, or other debris be piled or stored on
public areas. It is the Permittee's responsibility to keep the City Facilities free and clear of all
snow, dirt, and other debris. Should Permittee make changes to the City Facilities, including
painting the pavement for testing purposes or building of temporary obstacles, upon termination
of this Agreement, Permittee shall at its sole cost and expense remove any all changes to the City
Facilities and restore them to their original state or as desired by City. No permanent alteration of
City Facilities shall be made by Permittee except with the prior written approval of City.
9. City shall have the right to enter the City Facilities at any time for the purposes of
repairing, replacing, and/or maintaining its property. City maintains all rights of entry under law,
and its right to enter the City Facilities at any time.
10. Permittee shall, at all times, have an experienced and qualified training instructor
physically present and directly supervising Clients when Clients are upon City Facilities and
when trucks and equipment are being used or demonstrated. It shall be the responsibility of
Permittee, and not of City, to ensure Clients are provided with all appropriate safety instruction
and training on the operation and use of trucks and equipment prior to any handling or use of
same. Additionally, prior to the first entry upon City Facilities, Permittee shall require all of its
employees and Clients who are to enter upon City Facilities to sign a Release of Liability
Agreement on the form attached hereto as Exhibit"A" (the"Release"). Permittee shall keep a
record of all signed Releases during the term of this Agreement and for at least three (3) years
thereafter. Permittee shall immediately provide copies of all Releases to City upon request.
11. Under no circumstances will Permittee's employees or Clients be permitted to
drive City's vehicles, nor act as City personnel or representatives.
12. Permittee agrees to obtain at its own cost and expense liability and auto insurance
with limits of not less than $1 million ($1,000,000.00) per person and $3 million ($3,000,000.00)
per accident for bodily injury, or $1 million ($1,000,000.00)combined single limit and $3
million ($3,000,000.00) per accident for property damage, in which City is named as an
additional insured thereunder. Permittee shall furnish to City, in a form satisfactory to City, a
copy of said policy or a certificate that such insurance has been issued which shall include an
endorsement to the effect that no cancellation in the terms of the policy shall be effective unless
at least ten (10) calendar days written notice thereof has been given to City.
13. Permittee agrees to pay promptly all taxes, excise or license fees of whatever
nature applicable to its conducting of business and to take out all licenses, permits, municipal,
state or federal, required for the usage herein permitted, and further agrees to furnish City, upon
request, duplicate receipts or other satisfactory evidence showing the prompt payment of all
taxes and fees above referred to, and showing that all required licenses and permits are in effect.
The City shall have no fiscal obligations to Permittee, its employees or Clients under this
Agreement.
14. This Agreement is not intended to, nor shall it create, any duty to any Client or
Permittee employee, or any other person, firm or entity with regards to the provision of facilities
or equipment by City, nor security, level of safety, or activities undertaken by City's employees
or conditions resulting therefrom. No Client, Permittee employee, or other person, firm or
entity shall be granted or have any private right of action, claim or civil liability remedy against
the City, or its respective officers, employees or agents, by virtue of this Agreement. Nothing in
this Agreement shall be construed to create any liability, or to waive any of the immunities,
limitations on liability or other provisions of the Governmental Immunity Act, §24-10-101 et
seq., C.R.S., or to waive any immunities or limitations on liability otherwise available to the
City, its officers, employees or agents.
15. This Agreement constitutes the entire agreement between the parties, and
supersedes all prior and contemporaneous agreements, representations and understandings of the
parties. No modification of this Agreement, and no waiver of any of the Agreement's provisions
or conditions, shall be binding unless made by written document signed by the parties. Any
delegation or assignment of this Agreement by either party, without the prior written consent of
the other party, shall be void.
16. Permittee acknowledges that the use of the City Facilities presents inherent
dangers and that use of trucks and equipment presents inherent risks. Permittee acknowledges
that it has inspected City Facilities and finds them suitable for its intended use. The use by
Permittee, its Clients and employees of the City Facilities is "AS IS" and "WITH ALL
FAULTS" and in its existing condition, whatever that may be. NO REPRESENTATION OR
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, IS MADE BY THE CITY
CONCERNING THE SAFETY, USABILITY, OR FITNESS FOR ANY PURPOSE OF
THE CITY FACILITIES FURNISHED HEREUNDER, AND CITY EXPRESSLY
DISCLAIMS ANY AND ALL SUCH WARRANTIES. Permittee agrees that City shall have
no obligation to upgrade, repair, resurface or maintain the City Facilities. City maintains the right
to close any portion of the City Facilities for any reason.
17. Except as set forth elsewhere in this section, all notices to be given under this
Agreement shall be made in writing, and shall be sufficient if delivered personally, or mailed by
First Class United States Mail, postage prepaid, to the other party at the following addresses:
If to Permittee: 411 S,euscktc L�
Attn: NrGLioIas 1Z. -Ivn. _t,-
`-� ,10 t.ivi Do2ve v i4-
�ot2-T COLLI NS CC 00c-24
If to the City: Pueblo Memorial Airport
Attn: Director of Aviation
31201 Bryan Circle
Pueblo, CO 81001
With a Copy to: City of Pueblo
Attn: City Attorney
1 City Hall Place
Pueblo, CO 81003
18. This Agreement shall be governed by the laws of the State of Colorado. Venue
for any action arising under this Agreement or for the enforcement of this Agreement shall be in a
state court with jurisdiction located in Pueblo County, Colorado.
19. This Agreement shall be subject to the City of Pueblo's Municipal Code, including
but not limited to, Title III as it relates to the Pueblo Memorial Airport and operations thereon. In
its use or occupancy of City Facilities, Permittee shall comply with all applicable state, federal
and local non-discrimination laws and regulations.
20. At all times during the term of this Agreement, Permittee shall be deemed an
independent contractor and its employees and Clients shall not be employees of the City.
Permittee shall be responsible in accordance with law for all withholding of taxes, social security,
pension, unemployment, workers' compensation, and other employment taxes and costs with
respect to its employees and Clients, and, to the maximum extent permitted by law, it shall
indemnify, defend and hold City harmless from and against any and all claims for the same.
Permittee and any insurance carrier providing insurance coverage for the Permittee's employees
shall be deemed to have waived all rights of subrogation against City for injury or loss arising
from such employees' entry and presence upon and use of the City Facilities.
21. If any provision of this Agreement is held invalid or unenforceable, no other
provision shall be affected by such holding, and all of the remaining provisions of this Agreement
shall continue in full force and effect. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, and all of which together constitute one and the same
agreement.
22. Permittee agrees to defend, hold harmless, and indemnify, the City and its officers,
employees, and agents, from any and all claims and liability, including reasonable attorney's fees
and costs, for injuries, death, or damages to any person, arising from or in any way connected
with Permittee's use of the City Facilities, or any default or breach of any term of this Agreement
by Permittee, excepting only claims based solely on the City's gross negligence, bad faith, or
intentional acts.
IN WITNESS WHEREOF, the parties have entered into this Agreement as of the day and year
first written above.
PERMITTEE: All
C COL' LLC
Name: N ,G .e 1Ct5
Title: Quit/
STATE OF COLORADO )
ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this 1\day ofYAYMA ,
201.1)by N i t,r \GS V- l)UAn\Ur(as O w\ X of the A\\(1rASOhS C'DL_
a L..LL corporation, on behalf of the corporation.
Witness my hand and official seal.
My commission expires:\MAA
[ SEAL ] GABRIELLE NOTARY PUBLICSA
STATE OF COLORADO Notary Public
NOTARY ID 20184029327
MY COMMISSION EXPIRES JULY 25,2022
CITY OF PUEBLO, A MUNICIPAL
CORPORATION
By: //41.' ea '
Nicholas A. Gra sar, Mayor
Attest:
)et.kfl CtO OAA'Irt:Lde)
City Clerk
APPROVED AS TO FORM:
City Attorney
EXHIBIT"A"
Release of Liability Agreement
I. RELEASE OF LIABILITY AGREEMENT: PARTICIPANT MUST READ
CAREFULLY BEFORE SIGNING
In consideration for being permitted to use and occupy certain City Facilities in connection with
instruction provided by Northern Colorado Truck Driving Academy, I hereby acknowledge,
represent, and agree as follows:
A. I understand that use of said City Facilities and related activities are inherently
dangerous and do or may involve risks of death, injury, loss, or damage. I further acknowledge
that such risks may include, but not be limited to, bodily injury, personal injury, sickness, disease,
death, and property loss or damage. I acknowledge that such risks may arise from a variety of
foreseeable and unforeseeable circumstances connected with the use of the City Facilities and
related activities, including but not limited to the following risks: heart attack, back injury,
skeletal injuries, hernia, muscular injuries, eye injuries, loss of fingers or limbs, and injuries
related to use of vehicles, heavy lifting, pulling, pushing and climbing.
1•11 (Participant initials here)
B. I hereby expressly assume all such risks of injury, loss, or damage to me arising out
of or in any way related to the above-described use of said City Facilities and related activities,
whether or not caused by the act, omission, negligence, or other fault of the City of Pueblo, its
officers, its employees, or by any other cause.
(Participant initials here)
C. I understand and acknowledge that the City of Pueblo, its officers, and its
employees are relying on, and do not waive or intend to waive by any provision of this Release of
Liability Agreement, the monetary limitations or any other rights, immunities, and protections
provided by the Colorado Governmental Immunity Act, C.R.S. §24-10-101, et seq., as amended,
or otherwise available to the City of Pueblo, its officers, or its employees. I hereby agree that
this Release of Liability Agreement extends to all acts of negligence by City, its officers and
employees, including negligent rescue operations, and is intended to be as broad and inclusive as
permitted by the laws of Colorado.
") (Participant initials here)
D. I understand and agree that this Release of Liability Agreement shall be governed by
the laws of the State of Colorado, and that jurisdiction and exclusive venue for any suit or cause
of action under this Release of Liability Agreement shall lie in the district court of Pueblo County,
Colorado and I consent to and submit to the jurisdiction of that Court.
(Participant initials here)
E. This Release of Liability Agreement shall be effective as of the date set forth below
(or the date signed if the date has not been completed) and shall be binding upon me, my
successors, representatives, heirs, executors, assigns, and transferees.
(Participant initials here)
II. PARTICIPANT SIGNATURE AND DATE:
Trainee/Instructor-Print Name: Ki t a G._5 < �-,v� •-V Date: Oi 7 Z(5 Zc
Trainee/Instructor Signatur•
Witness: % /VT01 )5%✓'v )g