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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: )//0 j 4, /V /j I L - kw-s� 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 -2- 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 -3-