HomeMy WebLinkAbout5006RESOLUTION NO. 5006
A RESOLUTION APPROVING A LEASE OF WHEELCHAIR
EQUIPPED VANS FROM THE PUEBLO TRANSPORTATION
COMPANY TO THE SENIOR CITIZENS RESOURCE
DEVELOPMENT AND COORDINATING AGENCY, INC.,
AND AUTHORIZING THE PRESIDENT OF THE COUNCIL
TO EXECUTE THE SAME.
WHEREAS, the Urban Mass Transportation Administration has
agreed to provide funds toward the purchase of three wheelchair
accessible vans by the Pueblo Transportation Company, which vans
are to be used by the Senior Citizens Resource Development and
Coordinating Agency, Inc., (SRDA) for transportation of the
elderly or handicapped, and
WHEREAS, this funding is contingent upon execution of
certain lease provisions between the Pueblo Transportation Company
and SRDA.
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1.
The provisions of the attached lease between the Pueblo
Transportation Company and SRDA are hereby approved.
SECTION 2.
The President of the City Council is hereby authorized to
execute this lease on behalf of the Pueblo Transportation Company.
INTRODUCED: July 12, 1982
ATTEST:
By MIKE SALARDINO
Councilman
APPROVED:
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PreslclirTt of the Council
City C er
EQUIPMENT LEASE
This lease is made July , 1982, by and between the
Pueblo Transportation Co., hereinafter referred to as "Company ",
as lessor, and the Senior Citizens Resource Development and
Coordinating Agency, Inc., hereinafter referred to as "SRDA ",
as lessee.
1. The Company hereby leases to SRDA the following described
property consisting of three (3) new 12 to 16 passenger wheelchair
accessible vans:
MAKE MODEL VALUE EQUIPMENT ATTACHED
1982 Wayne Transette $28,150 Air Conditioner/
Wheelchair Lift
1982 Wayne Transette $25,300 Air Conditioner/
Ramp
1982 Wayne Transette $25,590 Air Conditioner/
Ramp /DeLux Seats
on the following terms and conditions:
2. Term This lease is for a term of one year commencing
July / '/4 1982, and ending July jZ7�j , 1983, for a rental of
one dollar ($1.00).
3. Ownership The leased vehicles shall at all times remain
the sole and exclusive property of the Company. SRDA shall have
no right, title or interest therein except for the right to use
the vehicles on the terms set forth herein.
4. Acceptance of Equipment SRDA represents that it has
inspected the vehicles leased hereunder, determined that they are
suitable for the use intended, and accepts them as delivered.
SRDA acknowledges that the Company has made no representations
or warranties, oral or written, express or implied, in connection
with these vehicles. SRDA hereby waives and agrees not to assert
any claim or defense against the Company by reason of any defect in
the equipment or any warranties, representations, service or main-
tenance agreements, express or implied, made by the manufacturer of
the vehicles or any other person.
5. Company Duties - Maintenance The Company shall provide
all necessary maintenance and repair services for the vehicles,
except emergency repairs and such warranty services as are the
obligation of the vehicle manufacturer. All such work shall be
performed at the Company's shop by employees in the bargaining
unit represented by A.T.U. Local 662.
6. SRDA Duties - Maintenance SRDA shall pay the Company
for all expenses, as they are incurred, of maintenance or repairs
of the vehicles, including labor, materials and parts. Maintenance
shall be in accordance with the manufacturer's suggested maintenance
schedule, and the Company may inspect the leased vehicles at any
time to insure that they are properly maintained.
7. SRDA Duties - Operation SRDA shall at its own expense
employ, control and supervise all operators of these vehicles, and
shall pay all expenses of operating the vehicles, including but
not limited to fuel, oil, tires, and other expenses listed herein.
8. Insurance SRDA at its own expense shall maintain
collision and comprehensive insurance on the leased vehicles
against loss or damage caused by collision, upset, overturn, fire,
theft or other casualty for each vehicle. SRDA, at its own expense,
shall maintain liability insurance in limits of not less than
$1,000,000 for any one person injured or killed, not less than
$3,000,000 for injuries or death in any one occurrence, and not
less than $500,000 for damage to property of others in any one
accident and Company shall be named as an additional insured
thereunder.
9. Limitations on Use The parties agree that the leased
vehicles shall be used solely for noncommercial transport of
persons or property in connection with the regularly established
programs of SRDA; that such use will be principally if not exclusively
for transport of the elderly or handicapped; and that no use of the
leased vehicles will compete with, displace or replace any fixed -
route services now or hereafter operated by the City's transit
system, including, but not limited to, low density suburban service
and owl or late runs.
10. Other Provisions The parties further agree that use of
the leased vehicles is subject to the Urban Mass Transportation
Act, and to Agreements dated December 1, 1976 as supplemented by
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side letter agreement of January 15, 1980, between the City of
Pueblo and A.T.U. Local 662, which Agreements are incorporated
herein by reference. The parties further agree that employees
of urban mass transportation carriers in the service area of the
project, other than those represented by the union, shall be
afforded substantially the same levels of protection as are
afforded to union members under the December 1, 1976 agreement
as supplemented and the U.S. Department of Labor certification
letter dated December 10, 1980, which is also incorporated herein
by reference.
11. Return Upon the termination of this lease, or any
extension thereof, SRDA shall return the leased vehicles to the
Company in good interior, exterior and mechanical condition,
ordinary wear and tear excepted.
12. Indemnit The Company assumes no liability for any acts
or omissions of SRDA or its agents or employees. SRDA hereby
releases, indemnifies and agrees to hold the Company harmless
from any and all claims against the Company of any nature whatso-
ever, arising out of this Lease or performance hereof by SRDA or
resulting from the use or operation of the leased vehicles by SRDA.
13. Assignment This lease shall neither be assigned nor
sublet by SRDA.
14. Renew This lease may be renewed for a successive
term of one or more years at any time before expiration, on
mutual written consent of SRDA and the Company.
15. Termination
This lease may be terminated by either
party immediately upon written notice of the other party for
breach of any condition hereunder. This lease may be terminated
at any time and for any reason by mutual consent of the Company
and SRDA.
IN WITNESS WHEREOF the parties have executed this lease as
of the date above written.
PUEBLO TRANSPORTATION CO. SENIOR CITIZENS RESOURCE
DEVELOPMENT AND COORDINATING
COMMITTEE
By �Y� cr ,
By
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