HomeMy WebLinkAbout09937ORDINANCE NO. 9937
AN ORDINANCE APPROVING AN AGREEMENT TO DONATE
PROPERTY AND RELEASE OF CLAIMS BETWEEN CITY OF
PUEBLO AND THE CITY OF CHIHUAHUA, STATE OF
CHIHUAHUA OF THE UNITED MEXICAN STATES, RELATING
TO 33 SELF-CONTAINED BREATHING APPARATUS AND
EQUIPMENT
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
City of Chihuahua, State of Chihuahua, United Mexican States (“Agreement”) relating to 33 SCBA
(self-contained breathing apparatus), 55 Scott/MSA face shields, and 88 Scott/MSA bottles, 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 authorized to perform any and all acts consistent with the intent
of this Ordinance and the attached Agreement to implement 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 May 10, 2021 .
Final adoption of Ordinance by City Council on May 24, 2021 .
President of City Council
Action by the Mayor:
☒ Approved on May 26, 2021 .
□ 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-5
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: May 10, 2021
TO: President Lawrence W. Atencio and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa, Stoller City Clerk
FROM: Barb Huber, Fire Chief
SUBJECT: AN ORDINANCE APPROVING AN AGREEMENT TO DONATE PROPERTY AND
RELEASE OF CLAIMS BETWEEN CITY OF PUEBLO AND THE CITY OF
CHIHUAHUA, STATE OF CHIHUAHUA OF THE UNITED MEXICAN STATES,
RELATING TO 33 SELF-CONTAINED BREATHING APPARATUS AND
EQUIPMENT
SUMMARY:
The attached ordinance and agreement authorize the donation of property and release of claims
between the City of Pueblo and the City of Chihuahua in relation to used and surplus self-
contained breathing apparatus, face shields, and bottles 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 33 surplus
Scott/MSA self-contained breathing apparatus, 55 surplus Scott/MSA face shields, and 88
Scott/MSA bottles to Donee (The City of Chihuahua). 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 AGREEMENT to Donate Property and Release of Claims("Agreement")is made and entered into
this P4" day of N`-A''4 ,2021, by and between Pueblo,a Colorado municipal corporation
("Donor")and City of Chihuahua of the State of Chihuahua of the United Mexican States("Donee").
WITNESSETH:
WHEREAS, Donor owns 33 SCBA(self-contained breathing apparatus),Serial Numbers 89110200,
89110199, 0403006043HH,0403006047HH, 0403006112HH,0403006020HH, ZU024028, LY276388JMR,
LY276378JMR, LZ041706KS, LY27639JMR, LY276381JMR, LY276374JMR, LY276371JMR,
LY276379JMR, LY276388JMR, LY276383JMR, LY276386JMR, LY276372JMR, LY276376JMR,
LZ009904BG, LZ009899BG, LZ009900BG, LZ009886BG, LY276380JMR, LZ009940BG, LZ009885BG,
LZ009920BG, LZ009935BG, LZ009881 BG, LZ009841 BG, LY276373JMR, and LZ009883BG (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,
WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE DESIGN, OPERATION OR
CONDITION OF THE PROPERTY, ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR
PARTICULAR PURPOSE, THE ABSENCE OF LATENT OR OTHER DEFECTS (WHETHER OR
NOT DISCOVERABLE), AND DONOR HEREBY DISCLAIMS THE SAME.
3. Delivery. Doner will deliver the Equipment to Donee and Donee will accept delivery of the
Equipment in Pueblo, Colorado. Donee shall at its sole cost and expense cause the Equipment to
to be moved and transported from Pueblo, Colorado.
4. Release and Discharge. Donee agrees to completely release and forever discharge Donor and their
their agents, employees and officers of and from any and all claims, liabilities, or causes of action,
action, whether known or unknown, disclosed or undisclosed, material or immaterial, liquidated or
or unliquidated,which Donee or its officers, agents and employees may have or may hereafter have
have against the Donor for or by reason of any matter, cause, or thing relating to the transfer, .n
delivery, use, or condition of the Property. v�
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.
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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. This Agreement is governed by and shall be construed according to the laws of the State of
Colorado. Donee hereby irrevocably submits in any suit, action or proceeding arising out of or
relating to this Agreement or any transaction contemplated hereby to the exclusive jurisdiction of any
state court located in Pueblo County, Colorado and waives any and all objection to such jurisdiction
or venue that it may have under the laws of any state or country, including, without limitation any
argument that jurisdiction, suits, and/or venue are inconvenient or otherwise improper. Donee
further agrees that process shall be served upon it or the Donor in any manner authorized under the
laws of the State of Colorado and waives any objections that it may otherwise have to such process.
IN WITNESS WHEREOF,the parties have entered into this Agreement the day and year first written
above.
DONOR
CITY OF PUEBLO COLORADO
By 7446,4:46,64.;
City C Mayor
�S1a�
4:110141k.,4 DONEE
V"Aligliql, THE CITY OF CHIHUAHUA, CHIHUAHUA
h, A. *r` OF THE UNITED MEXICAN STATES ATTEST:
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CHIHUAHUA
"18 -2021DESPACHO DE LA
C PRESIDENTA MUNICIPAL By Mayor
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