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HomeMy WebLinkAbout14665 RESOLUTION NO. 14665 A RESOLUTION APPROVING AN AGREEMENT TO DONATE PROPERTY AND RELEASE OF CLAIMS BETWEEN THE CITY OF PUEBLO AND THE CITY OF ROCKY FORD RELATING TO TWO FORD CROWN VICTORIA SEDANS BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement to Donate Property and Release of Claims between the City of Pueblo and the City of Rocky Ford, Colorado (“Agreement”) relating to two 2009 Ford Crown Victoria sedans, 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 and staff of the City are authorized to perform any and all acts consistent with the intent of this Resolution and the attached Agreement to implement the transaction described therein. SECTION 4. This Resolution shall become effective immediately upon final passage. INTRODUCED July 26, 2021 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk’s Office Item # M-2 Background Paper for Proposed Resolution COUNCIL MEETING DATE: July 26, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Marisa Stoller, City Clerk FROM: Chris Noeller, Interim Chief of Police SUBJECT: A RESOLUTION APPROVING AN AGREEMENT TO DONATE PROPERTY AND RELEASE OF CLAIMS BETWEEN THE CITY OF PUEBLO AND THE CITY OF ROCKY FORD RELATING TO TWO FORD CROWN VICTORIA SEDANS SUMMARY: Attached is an agreement between the City of Pueblo and Rocky Ford, Colorado concerning the donation, by the City of Pueblo, of two 2009 Ford Crown Victoria sedans: #230930 – VIN# 2FAHP71V89X103267 #230940 – VIN# 2FAHP71V39X135656 to the City of Rocky Ford. The total value of the donation is $2,400.00 ($1,200.00 for each sedan). PREVIOUS COUNCIL ACTION: The Pueblo Police and Fire Departments have routinely donated surplus or obsolete equipment, including but not limited to fire pumpers, other vehicles, hoses, and bulletproof vests to other agencies who are able to utilize the items. BACKGROUND: With the recent purchase of new equipment, the City of Pueblo has two Ford Crown Victoria sedans that are deemed surplus to our needs. The sedans have been unused for a prolonged length of time and no longer meet the needs of the Police Department. Rocky Ford has shown interest and a need for these pieces of equipment. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: None. RECOMMENDATION: Approval of the Resolution. Attachments: Agreement to Donate Property and Release of Claims AGREEMENT TO DONATE PROPERTY AND RELEASE OF CLAIMS THIS AGREEMENT to Donate Property and Release of Claims ("Agreement") is made and entered into this .1L. ' day of i L`f , 2021,by and between the City of Pueblo, a Municipal Corporation ("Donor") and the City of Rocky Ford, Colorado, a political subdivision of the State of Colorado ("Donee"). WITNESSETH: WHEREAS, Donor owns two 2009 FORD CROWN VICTORIA's, VIN# 2FAHP71V39X135656 / City Shop #230940, and VIN# 2FAHP71V89X103267 / City Shop #230930 (herein the "Property") which are 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. Donor 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 COLORADO ^ By /44dr/ City TM Nicholas A. Gradisar, Ma or • DONEE CITY OF ROCKY FORD COLORADO By/176fgairi Name Title:e.47,e,/1:41,e_ ATTEST: Name: Title: