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Home My WebLink About09813RESOLUTION NO. 9813 A RESOLUTION APPROVING AN AGREEMENT BETVVEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND POWER SUPERCONDUCTOR APPLICATIONS CORP. FOR THE LOAN OF THE LINEAR INDUCTION MOTOR RESEARCH VEHICLE (LIMRV) LOCATED AT THE PUEBLO WEISBROD AIRCRAFT MUSEUM, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME WHEREAS, the City has possession of the Linear Induction Motor Research Vehicle (LIMRV), and WHEREAS, Power Superconductor Applications Corp. has requested the loan of the vehicle for a period of five (5) years for research purposes; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement between the City of Pueblo, a Municipal Corporation, and Power Superconductor Applications Corp., a copy of which is attached hereto, having been approved as to form by the City Attorney, is hedeby approved. SECTION 2. The President of the City Council 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, INTRODUCED March 24, 2003 BY Al Gurule Councilperson APPROVED: President of City Council ATTEST: Qty'~rk 66-6 9213 -- 75 '1 : . 1 E Background Paper for Proposed RESOLUTION AGENDA ITEM # (j DATE: March 24, 2003 DEPARTMENT: AVIATION - JOHN B. O'NEAL, C.M. TITLE A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND POWER SUPERCONDUCTOR APPLICATIONS CORP. FOR THE LOAN OF THE LINEAR INDUCTION MOTOR RESEARCH VEHICLE (LIMRV) LOCATED AT THE PUEBLO WEISBROD AIRCRAFT MUSEUM, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME ISSUE Should City Council approve an agreement between the City and Power Superconductor Applications Corp. for the loan of the Linear Induction Motor Research Vehicle (LIMRV)? RECOMMENDATION Approval of this Resolution. BACKGROUND The Linear Induction Motor Research Vehicle (LIMRV) has been on display at the Pueblo Weisbrod Aircraft Museum since 1980. In August of 2000, the Federal Railroad Administration donated this vehicle to the City of Pueblo as surplus property. The Power Superconductor Applications Corp. is a U.S. Navy contractor and has requested the loan of the vehicle to be used for high speed testing in support of the Naval Surface Warfare Center and Office of Naval Research. The loan of the vehicle would be for a five year period after which the vehicle is to be returned to the Museum. The Power Superconductor Applications Corp. has also agreed to overhaul the vehicle prior to returning it to the Museum. FINANCIAL IMPACT The Power Superconductor Applications Corp. will move and overhaul the LIMRV at it's own expense and will insure the LIMRV. There is no expense to the City for this loan. AGREEMENT THIS AGREEMENT entered into as of March 1, 2003, between the City of Pueblo, a Municipal Corporation, 1 City Hall Place, Pueblo, Colorado, 81003 ( "City ") and Power Superconductor Applications Corp., 930 Cass Street, New Castle, Pennsylvania, 16101 -5241 ( "Company "), WITNESSETH: WHEREAS, City has possession of the Linear Induction Motor Research Vehicle ( "LIMRV "), and WHEREAS, Company desires to take possession of the LIMRV upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained herein, City and Company agree as follows: 1. Company may take possession of the LIMRV for use in its government research and development programs for a period of five (5) years from March 1, 2003 to March 1, 2008. 2. Company will, at its expense, overhaul all LIMRV's mechanical /electrical systems and repaint the LIMRV. Company will return the LIMRV to the City on or before March 1, 2008 in excellent restored condition. 3. Company will be responsible for all cost of rigging and moving the LIMRV from Pueblo to its Pennsylvania facilities and returning the LIMRV to the City at such location within the Pueblo Memorial Airport as City shall designate. Company assumes all risk of loss and damage to the LIMRV vehicle in its possession and during transit. 4. Company will insure the LIMRV against damage and loss from all causes or occurrences and carry commercial general liability insurance covering the LIMRV and its use by Company, both in an amount not less than $2 million naming City as additional insured. Company shall deliver certificates of such insurance to City prior to taking possession of the LIMRV and annually thereafter. Such certificate of insurance shall be delivered to the Department of Aviation, Pueblo Memorial Airport, 31201 Bryan Circle, Pueblo, Colorado, 81001. 5. Company acknowledges and agrees that City does not own the LIMRV and has possession thereof under a loan agreement with the Federal Railroad Administration and that the LIMRV and possession thereof are subject to restrictions and limitations imposed thereon by the Federal Railroad Administration. Company agrees to abide by and comply with all requirements and restrictions of the Federal Railroad Administration with respect to possession and use of the LIMRV. 6. COMPANY ACCEPTS AND TAKES POSSESSION OF THE LIMRV "AS IS, WHERE IS, WITH ALL ITS FAULTS." COMPANY AGREES THAT CITY DOES NOT MAKE AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE LIMRV INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. 7. Company will indemnify, defend, and hold harmless City from all claims, demands, actions, damages, and expenses, including reasonable attorney fees, caused by or arising, directly or indirectly, out of Company's possession, transportation, or use of the LIMRV. 8. This Agreement shall be governed by the laws of the state of Colorado without regard to conflict of law principles and shall be binding upon and inure to the benefit of City and Company and their respective successors. Company may not assign this Agreement or any of Company's rights or remedies hereunder without the prior written consent of City. 9. In the event of any litigation arising out of this Agreement, the court shall award the prevailing party its costs and expenses, including reasonable attorney fees. Company and City agree that any action arising out of this Agreement shall be brought in the District Court, Pueblo County, Colorado, and that venue for any such action is Pueblo County, Colorado. 10. Any notice required or permitted under this Agreement shall be made in writing and personally served or sent by certified mail, postage prepaid, at the addresses set forth on the first page of this Agreement, or to such other place as City or Company may from time to time designate in a written notice given to the other party. Notice sent by certified mail shall be deemed given three (3) days after mailing. 11. This Agreement sets forth the entire understanding between City and Company relating to the subject matter hereof. No change, modification or amendment to this Agreement shall be valid or enforceable unless set forth in writing and signed by City and Company. 112. If any provision of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, such determination shall not affect any other provision of this Agreement. 13. This Agreement is for the benefit of City and Company and no third party shall have any right or interest in this Agreement or authority to enforce same. 14. The persons executing this Agreement on behalf of Company represent and warrant that they and Company are authorized to execute this Agreement in the name of Company and that this Agreement is a valid lawful obligation of Company enforceable according to its terms. Executed the day and year first above written. CITY OF PUEBLO Attest:... ~ By — CityG President the City Council Bill Soya -2- POWER SUPERCONDUCTOR APPLICATIONS CORP. Attest: C2Z‘---� By 6.^ A , Name: /9/// L&V Name: pr-, S-i 1 (3, Ku z A tt c v Title: v/ C e fre.C/Ar7/ (5/ Title: Pres i d 1 a vl d Q E o Fell, /0, 200J -3- 0 Mail Stop 50 U.S. Departmenr 400 Seventh St.. S.W of Transportation Washington, D.C. 20590 Federal Railroad ".d ministration AUG 7 2000 Mr. Edward P. Chamberlain • Interim Director Pueblo Memorial Airport . 31201 Bryan Circle Pueblo, CO 81001 RE: Donation of Surplus Property Dear Mr. Chamberlain: In accordance with the attached Standard Form 123, GSA Order No. 8 -ON- 11050, Colorado #08 -0- 112- 08 -(7), and the subsequent authorization letter dated August 4, 2000 (attached) from the Colorado Surplus Property Agency, titles to the following property items are released to the City of Pueblo / Pueblo Memorial Airport. 1. Prototype Air Cushion Research Vehicle (PTACV) (60 passenger), TTC #3446 2. Prototype Tracked Air Cushion Research Vehicle (TACRV), TTC #B41 -1600 3. Prototype Linear Induction Motor Research Vehicle (LIMRV) On behalf of the Federal Government, the Federal Railroad Administration (FRA) is especially pleased to donate the above listed prototype vehicles to the Pueblo Memorial Airport for use as display items at the Pueblo Memorial Airport Museum where they have been on loan since 1980. FRA appreciates the museum's recognition of the historical role that these prototype relics had in our nation's transportation research and development activities at the nearby Transportation Technology Center. Sincerely, Robert L. Carpenter Contracting Officer Attachments v 1 L4 tiEVO AUfi 1 WOO 08-84 -2000 10:25am From - COLORADO SURPLUS PROPERTY 3033201050 T -198 P. 001 /003 F -490 Colorado Surplus Property Agency 4200 Garfield Street Denver, CO 80216 (303) 321 -4012 Fax: (303) 320 -1050 August 4, 2000 Robert L. Carpenter Federal Railroad Admin. 1120 Vermont Ave. N.W. Mail Stop 35 Washington DC 20590 Dear Mr. Carpenter: Please release the property listed on the following Standard Form 123: Order No.: 8 -0N -11050 Colorado #: 08-0- 112 -08 (7) Please release the property to: Mr. Edward P. Chamberlain Pueblo Memorial Airport 31201 Bryan Circle Pueblo CO 81001 719- 948 -3355 Thank you for your cooperation. Sincerely, Michelle Berry Program Assistant II mb Enclosure cc: donee 08 044 -20000 10:225 7� � F 7 rom- COLORADO SURPLUS PROPERTY �► 3033201050 T -198 P.002/003 F -490 +' OM9 NU MRE.R b. Og-Q -122 -Q 8 !71 nE 1 of 2 mCias 3090 - 001 4 TYPE OF ORDER 3. sURPLUS oil at ASIDE DA= s. �°fw78�►Ci1iNCY �013(9E�►) FAA RELEASE DATE _NON- REPORTABLE 6. TOT ACQUISITION 8/4 /0D 8 /4100 . JSrckzva .0 $9,879,274 7. TO: GENERAL SERVIcEs ADMINISTRATION (PPTts)+ 6• 1 - 0 eITION OF PROPERTY GSA REGION 8 - DENVER Pueblo Memorial Airport Museum 9. HOLDING AGENCY G'rrsa axp 4r4frwxo Federal Railroad Administration 1120 Vermont Ave_ N.W. Mail Stop 35 Office Tech & Support Systems Washington DC 20590 is soil GSA USE ONLY 202.493.6153 SOURCE CODE STATE r+` CITY TYPE OF DONATION ADJUSTRLAi.LOCATION COI= I1. PICKUP oft3NIPPIN0 rNSTAUC710NS • SAME AS 13AA OELQW THE STATE AGENcy AGREES TO THE TERMS AND CONDITIONS OF THIS TRANSp, AS OUTLINED IN THE SP 123 CERTIFICATION AGREEMENTS, AND ASSURANCE CERTIFICATION DOCUMENT DCECUTF-O ON SEPTEMaEN 4 12. sUUPLus PROPERTY LIST pi NO, IDENTM NA41sER(S) N DESCFUPT(ON DEPRL. COO, Q17ANTJ7Y 4 BODE CODE AND ACQ[JIS1TtQN CAST CO ON (CJ um' UWIT TOTAL (d) (a) M . (h) SEE ATTACHED - 3 LINE ITEMS For Direct P/U by City of Pueblo, Pueblo Memorial Airport Edward Chamberlain 719.948 -3355 Must have teeter of authorization • from COSASP for release NR356 -00 r TRANSFEREE ACTION TRANSFEREE 4S t'> e�ilMI,, airway • ►. or AbIk ciepi - b. sIGNA7 t1RE AND TITLE °E STATE Tk AGRNCY OR c. DATE DON= RR•' - ENTAT1vff n " "`°G°` °"4 SURPLUS PROPERTY AGENCY COLO SURP i laws enddonadaas machiu : = ' _ :. , ardanca with 41 CFR En.aa, 4200 GARFIELD STREET 0h. ' A ' - I D 4! CT. R dolt)() 4. SIGNATURE OF HEAD OVINE SEA grim to 111; , aarrdjtiana, and DENVER CO 80218 -8617 e owl On= men as apeo(A°a ca dnl dNQronany LLIMAIT, PHONE: (303) 321-4012 FAX: (303) 32 - 1050 NDMINAMATIVE a DETERMINING OFFICER gDOir nr 114414 b. Si01VA'lt1RS OF D OFFICER a. DATE rd& mar rbe arhnisiswsdw as pat o= to basis ardor ;)re in d. GSA APFIWV MG OFF7C'&A rdanoe.4th 41 CSR 10I-44 oat e. S(Cjr VATLJRQ OF AFPRO� p T �CE0. y mei ere bainE takaa. nert hove / ' C /� �� A r DATE • 1 hwk Ia "ZIP Coat,'' is all addtpq blanks. 104 446.1.14 is M. LO/ s t'dldghA tlot maw S STANDARD FO 123 (IIL•V, 6.14 R'acaibad by LEA. PF641‘ (41 CFI) 1ot.aa.110 . U8/02/ MO 12:01 FAX 303 236 7544 GSA PROPERTY MGMT. Z002/002 PAGE 1 of 1 sTAryDARD FORM 120 REV. REPc... T OF APRIL 1957 EXCESS PERSONAL 1. REPORT O 2. DATE MAILED 3. TOTAL COST GEN. SERV. 40mIN. PROPERTY $ FPMR(a1 cFR110143.311 4 TYPE (Check one only of X a. ORIGINAL c. PARTIAL W/D OF REPORT "a, "'b,' "c, or "d (Also check 'e" and /or 'Y _ e. OVERSEAS b. CORRECTED d TOTAL W/D if appropriate' 5. TO (Name and Address of Agency to which report is made) THRU f. CONTRACTORS any) GSA, PROPERTY MANAGEMENT BRANCH, 7FP-8 6 APPROP. OR FUND TO BE REIMBURSED (if any) DFC, BLDG. 41, RM Y53 ( 303) 236 -7704 FAX 7544 7. FROM (Name and Address of Reporting Agency) DOT, FEDERAL RAILROAD ADMIN., 400 SEVENTH ST., SW 8 REPORT APPROVED BY (Name and Title) WASHINGTON, DC 20590 9. FOR FURTHER INFORMATION CONTACT (Title, Address and Telephone No.) 10. AG L CARPENTER ROBERT L CARPENTER 20293 -6153 FAX 6171 10. AGENCY APPROVAL (it applicable) 11. SEND PURCHASE ORDERS OR DISPOSAL INSTRUCTIONS TO (Title, Address and Telephone No.) 12. GSA CONTROL NO. SAME AS BLOCK 7 13. FSC GROUP 14. LOCATION OF PROPERTY (If Iomilion is to be abandoned give date) 15. REIM /RE 16, AGENCY CONTROL NO. 17. S RPLUS RELEASE NO. PUESBLO MEMMORIAL AIRPORT MUSEUM YES NO DATE 18. EXCESS PROPERTY LIST JOC ITEM NU ACQUISITION COS r COND. UNIT OF UNITS VALUE NO. DESCRIPTION ( (a) (n) (c) d) (e) PER UNIT (g) (h) TOTAL h 0001 PROTOTYPE AIR CUSHION VEHICLE X EA 1 5463160.00 ( PTACV) 60 PASSENGER, TTC # 3446 0002 PROTOTYPE TRACKED AIR CUSHION X EA 1 3716114.00 RESEARCH VEHICLE ( TACRV ) ( TTC # B41 -1000 0003 PROTOTYPE LINEAR INDUCTION MOTOR X EA 1 500000,00 RESEARCH VEHICLE ( LIMRV ) • 08 -04 -2000 10:25am From - COLORADO SURPLUS PROPERTY 3033201050 T-198 P.003/003 F -490 FAME 1 OP 1 staamm AN Isa REPORT OF I• REPORT NO. 2. DATE MAILOD 3. TOTAL COST 41 macmmv.Amom. EXCESS PERSONAL 693610 -0215 08/03/00 $9,679,274.00 1414 1141 CFRI 101- 44.311 PFIOF'ERTY 4. TYPE (Check arm only of X a. ORIGINAL a PAR'RAL W/O Wlso crock `e" and /sir •I' s OVERSEAS OF REPORT ' or 'C") o. CORRECTED a. TOTAL woo if approprifgel x f, CONTRACTORS INv 6. To INamc and A4l rassof Ag610V So whtah PIAPIT 1; model THRU B. APPROP. OR FUND TO HE AEsmauRSED alt and GSA., Property Managers= Branch, 7FP-8, DFI: Bldg, 41, Rm. 253 Deaver Federal Ccgr, Dew, CD 80223 (303) 236.7704 / fax (303) 236 -7544 - t mom (Name and Addre&s at Rwcr Ing Agargrl L REPO ET Warne ono RIO Federal Railroad Administration, 1 L20 Vermont Ave. N.W, Mail Stop 35 aR3 Ofc.. Information Technology & Support Systeme, Washington, D.C. 20590 Robert , 9. CAR FURTHER INFORMATION CONTACT Male. Arlaressand TelsallaNC Na,l 10, , •■ Cr - - OVAL Ih aaalicablal Robert L. Carpenter (2Q2) 493 -11153 1aX- (202) 493 -6171 t\\\ 1 Cvirtract Specialist / ConZra _tiag Officer -.;. •u, d art Systems Supv. 11, sEND PURCHASE ORDERS OR OtSPOSAI. INSTRUC11ol+S TO infle, A401V4+'nno T6laphena Nal 13. 054 CONTROI. C. Theresa Brooks, Management Analyst, (202) 493 -6132 f R '/ —0 3 (address, see block r) I V . 13. RC 6ADYP 1 E. t9 READ 1E- AGENCY CONTRDL NO. , . ',1 L - - 1 EAS. 1A. LOCATION CIF PFIOPFFITT (It Invasion Isle oeatandoned.Ern Mel OATS 22 R ail F.qp Pueblo Mans M port Museum YES two X FRA. -C-00 -001 .-z .... .18. EXCESS PROPERTY LIST NU MBER ACC COST PAIR rie I:ESSC IIPTION COND. UNIT co UNITS PER UNIT TOTAL VALUE ral ito 18) l) 4 -w - 001 Prototype Air Cushion Vehicle ( FrACV) X ea 1 55,463, 35,463,160.0 ' (60 passetgor). TTC k 3446 002 Prototype Tracked Air Cushion Research Vehicle X ea 1 $3,716, 53,716,114.0 (TACRV) ITC # B41-1000 003 Prototype Linear lorti:ricin Motor Research Vehicle X ea 1 5500,00 5500,000.00 (LIMRV) NOTE: The sbo'va relic vehicles are crrrettly %told - mounted 'co concrete pads and railroad track oil public display outside. t'he City of Pu Colorado Memorial Airport Museum where they have been on loan:frtm the 7e3',asal Railroad Administra =ion since 1980 -: The Pueblo Memorial Airport P:'useunu is tlse preferred donee for these relics for which the historical value fax outweighs 'whatever r. sidua1 value they ma y have as scrap iceas- The name and paint of contact for this donee is: City of Pueblc Pueblo Memorizl Airport ATTN_ Edward P. Chamberlin, Interim Director 31201 Bryan Circle Pueblo, Colorado 81001 TEL; 719- 940 -:355 FAX: 719 - 9411 -878 FAX TRANSMITTAL a IL ** ygrna.Din! Flom pa a s#' - p l? oao: Phan a ka - gaps —4, /S3 Fe:p 54 -1. -tf�f f�a.a aos.: if- STANDARD FORM 170 REV. (Lacs MA Form A Tor CaminueTlon REMO Ira/ PREvt0U5 ELATION usAeLE AoPIL IBIS COMON I /6A91111eJ �� e