HomeMy WebLinkAbout10355
ORDINANCE NO. 10355
AN ORDINANCE APPROVING AN AGREEMENT WITH
COLORADO DEPARTMENT OF TRANSPORTATION AND
CONTINUUM OF COLORADO FOR THE TRANSFER OF THREE
PARATRANSIT BUSES TO BE USED IN PUBLIC TRANSIT
OPERATIONS
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Agreement between the City of Pueblo, Colorado Department of Transportation and
Continuum of Colorado, 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 for and on behalf 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 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 December 12, 2022.
Final adoption of Ordinance by City Council on December 27, 2022 .
President of City Council
Action by the Mayor:
☒ Approved on December 29, 2022 .
□ 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
Deputy City Clerk
City Clerk's Office Item # R3
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: December 12, 2022
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM:
Benjamin Valdez
SUBJECT: AN ORDINANCE APPROVING AN AGREEMENT WITH COLORADO
DEPARTMENT OF TRANSPORTATION AND CONTINUUM OF
COLORADO FOR THE TRANSFER OF THREE PARATRANSIT BUSES
TO BE USED IN PUBLIC TRANSIT OPERATIONS
SUMMARY:
The attached Ordinance approves the agreement between Colorado Department of
Transportation and Continuum of Colorado for the transfer of three used buses, and to
operate the buses through their remaining useful life per grant requirements.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
Pueblo Transit is accepting the transfer of three used buses from the Colorado
Department of Transportation and Continuum of Colorado to replace units 24 and 26.
These buses have exceeded their useful life and cannot be repaired at a reasonable
cost.
FINANCIAL IMPLICATIONS:
None.
BOARD/COMMISSION RECOMMENDATION:
Pueblo Transit Board recommends approval.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance
ALTERNATIVES:
Should this Ordinance not pass, Pueblo Transit will risk not providing transportation
services to handicap or disabled individuals.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. CDOT - DP - Pueblo MOU
CMS Routing #: 23-HAA-XE-00060
OLA #351001961
Memorandum of Understanding
Between the Colorado Department of Transportation, Developmental Pathways,
Incorporated, and the City of Pueblo
This Memorandum of Understanding (MOU), between the Colorado Department of Transportation
DEVELOPMENTAL PATHWAYS, INCORPORATED Developmental Pathwaysand
the City of Pueblo sets forth a shared understanding regarding disposition of three (3) transit vehicles and
spare parts as set forth below. CDOT, Developmental Pathways, and the City of Pueblo may also
Recitals:
1. By the authority provided in 49 U.S.C. Section 53 and related guidance provided in Federal Transit
Administration Circular 5010.1E, Part III-4c, transit agencies may transfer property to other transit
agencies.
2. Developmental Pathways wishes to dispose of three (3) transit vehicles and spare parts, with no
express or implied warranties, and the City of Pueblo desires to receive three vehicles from
Developmental Pathways.
NOW THEREFORE, in consideration of the mutual benefits to be derived, upon execution of this
MOU, the Parties agree as follows:
1. The City of Pueblo will compensate Developmental Pathways $0 per unit to transfer the vehicle(s)
described below:
Unit # VIN Model Year Manufacturer Lienholder - Title #
240 1FDFE4FS2FDA19934 2015 SPC - Startrans CDOT - 47G317971
241 1FDFE4FS6FDA19936 2015 SPC - Startrans CDOT - 47G317966
255 1FDFE4FS3GDC50522 2016 SPC - Startrans CDOT - 47G362821
2. Within thirty (30) days of execution of this MOU, the following steps set forth in section 3, 4 and 5
below will be completed to transfer ownership of the above-listed vehicle(s) to the City of Pueblo:
3. Developmental Pathways will:
a. Submit Disposition Concurrence Request and Disposition Authorizations to CDOT via
COTRAMS, which CDOT will promptly review and approve;
b. Assemble and sign the vehicle title(s) in its possession or control and provide the title(s) to
the City of Pueblo at the time of vehicle transfer;
c. Transfer the vehicle(s) to the City of Pueblo, as mutually agreed upon between
Developmental Pathways and the City of Pueblo; provide the City of Pueblo with copies
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CMS Routing #: 23-HAA-XE-00060
OLA #351001961
of prior maintenance and repair records for the vehicle(s), in paper or electronic form. Once
completed, the City of Pueblo will certify in writing to both Developmental Pathways and
CDOT that the City of Pueblo has taken possession of the vehicle(s).
4. CDOT will:
a. Gather DMV
the Lien Records Release, sign all such title(s) over to Developmental Pathways, and
provide the title(s) to Developmental Pathways;
b. As vehicle title(s) is received from the DMV by CDOT, CDOT will create Capital
Inventory records in COTRAMS and enter the title information, as well as other basic
vehicle information, and notify the City of Pueblo that the records have been created; and
c. Keep the vehicle titles it receives from the DMV until such time as the vehicle(s) is
disposed of by the City of Pueblo.
5. City of Pueblo will:
a. Update the title records with the DMV;
b. Take the title(s) to the DMV, register the vehicle(s) under City of Pueblo ownership, and
pay any and all fees associated with the transfer of title(s) and registration;
c. For a vehicle(s) where CDOT is the current lienholder, the City of Pueblo will also have
CDOT listed as the first lienholder on the updated title;
d. Timely enter other relevant information in the COTRAMS Capital Inventory records,
including current mileage information;
e. Within forty-five (45) days of taking possession of the above-listed vehicle(s)
from Developmental Pathways, the City of Pueblo shall ensure that the vehicle(s)is
identified as City of Pueblo operating vehicle(s), using standard the City of Pueblovehicle
decals, logos, numbering, or other standard agency vehicle identification signage;
f. The City of Pueblo agrees to continue to comply with federal and/or state requirements and
ensure that all of the above-listed vehicles that have a federal interest and/or state interest
remaining are used for the purpose of the original grants, and specifically for the
transportation of the public.
6. Term This MOU shall terminate upon completion of all items identified in section 3, 4 and
5 above.
7. Contacts
For CDOT: For Developmental Pathways:
Amber Blake Matt VanAuken
Colorado Department of Transportation Executive Director, CEO
Director, Division of Transit and Rail DEVELOPMENTAL PATHWAYS,
INCORPORATED
2829 West Howard Place 14280 E. Jewell Ave., Suite A!
Denver, CO 80204 Aurora, CO 80012
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CMS Routing #: 23-HAA-XE-00060
OLA #351001961
303-757-9008 303-360-6600
amber.blake@state.co.us m.vanauken@dpcolo.org
For the City of Pueblo:
Benjamin R. Valdez
Director Pueblo Transit
350 Alan Hamel Ave
Pueblo, CO 81003
bvaldez@pueblo.us
Ph:719-553-2706 | Fax: 719-553-2724
8. No Third-Party Beneficiary
It is expressly understood and agreed that the enforcement of the terms and conditions of this MOU,
and all rights of action relating to such enforcement, shall be strictly reserved to the Parties hereto, and
nothing contained in this MOU shall give or allow any such claim of right of action by any other or
third person or entity on such MOU. It is the express intent of the Parties hereto that any person or
entity, other than the Parties to this MOU, receiving services or benefits under this MOU shall be
deemed incidental beneficiaries only.
9. Modifications
Except as otherwise provided in this MOU, any modification to this MOU shall only be effective if
agreed to in a formal amendment to this MOU, properly executed and approved in accordance with
applicable Colorado State law and State Fiscal Rules. Modifications permitted under this MOU shall
conform to the policies issued by the Colorado State Controller.
10. Applicable Law
The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in
the interpretation, execution and enforcement of this MOU, and any legal action concerning the
provisions hereof shall be brought in the City and County of Denver, State of Colorado. Any provision
of this MOU, whether or not incorporated herein by reference, which provides for arbitrationby any
extra-judicial body or person or which is otherwise in conflict with said laws, rules and regulation shall
be considered null and void. Nothing contained in any provision incorporated herein by reference which
purports to negate this or any other special provision in whole or in part shall be valid or enforceable
or available in any action at law whether by way of compliant, defense or otherwise. Any provision
rendered null and void by operation of this provision will not invalidate the remainder of the MOU to
the extent that this MOU is capable of execution.
11. Signature Authority
Each Party represents and warrants that it has taken all actions that are necessary or that are required
by its respective procedures and applicable law to legally authorize the undersigned signatory for that
Party to execute this MOU on behalf of the Party and to bind the Party to its terms.
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CMS Routing #: 23-HAA-XE-00060
OLA #351001961
THE PARTIES HERETO HAVE EXECUTED THIS MEMORANDUM OF
UNDERSTANDING
Each person signing this MOU represents and warrants that the signer is duly authorized to execute this MOU and to
bind the Party authorizing such signature.
DEVELOPMENTAL PATHWAYS, INCORPORATED CITY OF PUEBLO
__________________________________________________ __________________________________________________
By: Matt VanAuken, Executive Director, CEO By: Nicholas Gradisar, Mayor
Date: _________________________ Date: _________________________
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
______________________________________________
By: Stephen Harelson, P.E., Chief Engineer
(For) Shoshana M. Lew, Executive Director
Date: _________________________
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