HomeMy WebLinkAbout2009-294
2009-294
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RESOLUTION NO. 2009-294
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 0
SAN BERNARDINO AUTHORIZING THE SALE OF SEWER UNIT NUMBER 548 I
THE AMOUNT OF $1.00 TO THE CITY OF SAN BERNARDINO W A TE
DEPARTMENT.
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WHEREAS, the Public Services Department, Street Division wishes to sell sewer uni
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number 548 to the San Bernardino Water Department; and,
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WHEREAS, the San Bernardino Water Department has agreed to purchase sewer uni
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548 for a total amount of $1.00 and will install a Diesel Particulate Filter at its own expense prio
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to taking possession; and WHEREAS, this be made pursuant to Municipal Code Sectio
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3.04.010-BI, "Purchases from, or sales to a government or governmental agency, or through an
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advantageous governmental contract approved by the Council, or to the purchase of electio
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supplies, or to purchases andlor services or service contracts relating to litigation or prosecutio
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or investigations thereof, or to purchases andlor services or service contracts relating to fire an
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police investigations, or to the purchases and/or services or service contracts relating to board u
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or demolition of buildings or structures."
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CIT
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The City Manager of the City of San Bernardino is hereby authorized t
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sell sewer unit number 548 to the San Bernardino Water Department for a total amount of$1.0
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and to execute the Agreement for Sale of Vehicle attached hereto as Exhibit I and by thi
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reference made a part hereof.
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2009-294
AGREEMENT FOR THE SALE OF A VEHICLE BETWEEN
THE CITY OF SAN BERNARDINO AND
THE SAN BERNARDINO MUNICIPAL WATER DEPARTMENT
This Agreement is made and entered into this 17th day of August,
2009, by and between the City of San Bernardino, a municipal corporation,
hereinafter referred to as the "City," and the San Bernardino Municipal Water
Department, hereinafter referred to as "SBMWD," and is set forth as follows:
WHEREAS, City has a surplus Vactor Truck; Vehicle Unit #548, Ford L-800,
driven over 200,000 miles, ("Vehicle") available; and
Whereas, In order to continue the operation of the vehicle the City would
need to expend approximately fifteen thousand dollars ($15,000) to bring
the Vehicle into compliance with California Air Resources Board ("Board")
requirements; and
Whereas, SBMWD has agreed to purchase the Vehicle and bring it into
compliance with the Board requirements for continued use by the
SBMWD; and
Whereas, City has agreed to sell said Vehicle to the SBMWD.
NOW, THEREFORE, the parties agree as follows:
1. For the price of one dollar ($1.00), the City does offer to sell to
SBMWD, and the SBMWD does hereby agree to purchase the Vehicle.
2. SBMWD hereby acknowledges and agrees that it has had a
satisfactory opportunity to examine the Vehicle and does hereby
accept the Vehicle in it's as-is condition.
3. SBMWD hereby acknowledges and agrees that the City does not
provide any warranty or guarantee of any type as to the condition of
the vehicle or its fitness for purpose.
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2009-294
AGREEMENT FOR THE SALE OF A VEHICLE BETWEEN
THE CITY OF SAN BERNARDINO AND
THE SAN BERNARDINO MUNICIPAL WATER DEPARTMENT
4. SBMWD hereby agrees that prior to commencement of operation of
the Vehicle it shall cause the Vehicle to be brought into compliance
with the Board requirements and with all other applicable laws.
IN WITNESS THEREOF, the parties hereto have caused this Agreement to be
executed by their respective duly authorized representatives.
CITY OF SAN BERNARDINO
BY: ~
THE SBMWD
BY: ,~~
Date: '1 /~ 8/0 1
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Date: f /;n/ 07
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APPROVED AS TO FORM:
JAMES F. PENMAN, City Attorney
BY: - ~~/V',,?-
ames F. Penman
City Attorney