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Home My WebLink About13657 RESOLUTION NO. 13657 A RESOLUTION APPROVING AN AGREEMENT TO DONATE PROPERTY TO THE CITY OF CHIHUAHUA AND CHIHUAHUA POLICE DEPARTMENT RELATING TO USED AND SURPLUS VESTS BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement captioned “Assumption of Risk, Waiver, Release, Covenant not to Sue, Indemnification and Agreement”, (“Agreement”), a copy of which is attached hereto, having been approved as to form by the City Attorney, and the proposed donation and disposition of the personal property therein identified are hereby approved. SECTION 2. The officers of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution and the attached Agreement to effectuate the policies and procedures described therein. SECTION 3. This Resolution shall become effective immediately upon final passage. INTRODUCED April 10, 2017 BY: Ed Brown City Clerk’s Office Item # M-10 Background Paper for Proposed Resolution COUNCIL MEETING DATE: April 10, 2017 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Pueblo Police Department FROM: Police Chief Luis Velez Lisa Macchietto, Assistant City Attorney SUBJECT: A RESOLUTION APPROVING AN AGREEMENT TO DONATE PROPERTY TO THE CITY OF CHIHUAHUA AND CHIHUAHUA POLICE DEPARTMENT RELATING TO USED AND SURPLUS VESTS SUMMARY: Attached is a resolution outlining the donation of used, surplus vests to the City of Chihuahua and the Chihuahua Police Department. PREVIOUS COUNCIL ACTION: None BACKGROUND: The City of Pueblo through the Pueblo Police Department has received a request from Maria Eugenia Campos Galvàn, Presidenta Municipal, Chihuahua, Mexico, for a donation of bullet-proof vests. The donation of bullet-proof vests has been approved by Police Chief Luis Velez and Pueblo City Manager Sam Azad. The vests are being donated to the City of Chihuahua and the Chihuahua Police Department with the understanding that the City of Pueblo and the Pueblo Police Department have no further interest in the vests. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: City Council may choose to keep the surplus vests. RECOMMENDATION: Approve the resolution and donation of vests. Attachments: ASSUMPTION OF RISK, WAIVER, RELEASE, COVENANT NOT TO SUE, INDEMNIFICATION, AND AGREEMENT ASSUMPTION OF RISK, WAIVER, RELEASE, COVENANT NOT TO SUE, INDEMNIFICATION, AND AGREEMENT This Acknowledgement, Assumption of Risk, Waiver, Release, Covenant Not to Sue, Indemnification, and Agreement ("Agreement") is entered into on this 91 day of h; I 2017 by and between the City of Pueblo, a Municipal Corporation ("City of Pueblo"), and the City of Chihuahua and its Chihuahua Police Department, a municipal governmental entity of the State of Chihuahua, Country of Mexico ("City of Chihuahua"). WHEREAS, the City of Pueblo owns numerous expired bulletproof vests from a variety of manufacturers (i.e. Point Blank, Second Chance, American Body Armor) ("Vests") that have been decommissioned by the Department; WHEREAS,the City of Chihuahua contacted the City of Pueblo and expressed a desire to acquire one hundred (100) of the vests for use by its police officers; and WHEREAS, the City of Pueblo is willing to transfer the requested Vests to the City of Chihuahua under the conditions set forth herein. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City of Chihuahua agrees and acknowledges as follows: 1. The activities for which the Vests may be used or worn involve the risk of serious physical injury, permanent disability, paralysis, death, psychological injury, and property damage or loss. The City of Chihuahua takes ownership of the Vests"AS IS"and"WITH ALL FAULTS," WITHOUT WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. The City of Pueblo and each of its respective officers, directors, commissions, employees, agents, and representatives make no representations, promises or guarantees as to the safety, quality, standard, or fitness of the Vests for any purpose. 2. The City of Chihuahua assumes all risk and assumes full and sole responsibility for any physical injuries, psychological injuries, death, disability, costs, and property damage or loss the City of Chihuahua and each of its respective officers, directors, employees, agents, or representatives may suffer by use of the Vests. 3. The City of Pueblo and the City of Chihuahua will determine a mutually agreeable location for the City of Chihuahua to accept delivery of the Vests. The City of Chihuahua shall at its sole cost and expense cause the Vests to be moved from this location and transported to Chihuahua.The City of Chihuahua shall be liable and responsible for,and shall defend, indemnify, and save the City of Pueblo harmless from and against any and all claims, demands, loss, damage or injury, including death, occasioned or arising, in whole or in part, from the loading, unloading, moving, or transportation of the Vests to Chihuahua. 4. The City of Chihuahua forever releases and waives any and all claims, known and unknown, presently existing or arising in the future, and any suit or action in law or equity against the City of Pueblo and each of its respective officers, directors, commissions, employees, agents, and representatives in any court or tribunal,based on contract,tort, statute,violation of civil rights, or any other legal theory, for any physical injury, psychological injury, death, costs, or property damage or loss that the City of Chihuahua and each of its respective officers,directors,employees, agents, or representatives may suffer, in any way related to the acceptance or use of the Vests. 5. The City of Chihuahua shall not file, pursue or prosecute any suit, action or proceeding, in law or in equity, in any court or tribunal, against the City of Pueblo and each of its respective officers, directors, commissions, employees, agents, and representatives, based on contract, tort, statute, violation of civil rights, or any other legal theory, for any physical injury, psychological injury, death, costs, or property damage or loss that the City of Chihuahua and each of its respective officers, directors, employees, agents, or representatives may suffer, in any way related to the acceptance or use of the Vests. 6. The City of Chihuahua agrees to indemnify, defend and hold harmless the City of Pueblo and each of its respective officers, directors, commissions, employees, agents, and representatives from any and all liability for any damages, attorneys' fees, and restitution that may be imposed by any court or tribunal in any suit, action or proceeding in law or equity filed by any person or entity based on contract, tort, statute, violation of civil rights, or any other legal theory, for any physical injury, psychological injury, death, costs, or property damage or loss anyone may suffer, related to, or caused by other persons, or any object,thing, or activity related in any way to the acceptance or use of the Vests. 7. This Acknowledgement, Assumption of Risk, Waiver, Release, Covenant Not to Sue,Indemnification,and Agreement shall be binding on the City of Chihuahua and its successors, assigns, transferees, directors, employees, volunteers, agents, and attorneys. 8. The City of Chihuahua hereby agrees and understands that this Acknowledgement, Assumption of Risk,Waiver,Release,Covenant Not to Sue, Indemnification,and Agreement shall be governed by the laws of the State of Colorado and that exclusive venue and jurisdiction for any suit or cause of action hereunder shall be in the District Court in and for the County of Pueblo. This Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Colorado, and if any portion hereof is held invalid, it is agreed that the balance shall, not withstanding, continue in full legal force and effect. 9. The undersigned, acting on behalf of the City of Chihuahua, represent that I have the authority to execute binding legal documents for the City of Chihuahua and have fully read and understand the foregoing Acknowledgement, Assumption of Risk, Waiver,Release, Covenant Not to Sue, Indemnification, and Agreement. I have had the opportunity to consult with legal counsel of my choice, or other professionals as necessary, regarding the content of this document and its legal effect. I,on behalf of the City of Chihuahua,sign this agreement freely and voluntarily and without any coercion, inducement, assurance or guarantee other than the consideration stated in the agreement,and intend my signature to be a complete and unconditional release of all liability -2- by the City of Chihuahua, its successors, assigns, transferees, directors, employees, volunteers, agents, and attorneys to the greatest extent allowed by law. CITY OF CHIHUAH CITY OF CHIHUAHUA By: Ci r l tx, v L 'C r ti;C Z By: Mc f,'r + Edriell;c'� ,.„N� - GcAl v Title: hIr. ". :c ocur-'1-J Title: R,A.0.1ckycS Pre 5,c'-C,n1- Agency: C LW- Agency: C,.�L_1 f ku.a Lao. Address: Address: TrAacic ck.an kk . 2c'9 A4. 1 ,�cleoF�. +�r�a- 31 000 0o e-tP 31 600 Chihuahua, Chih. Mexico Chihuahua, Chih. Mexico Date: I� 7 )('7 Date: -3-