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RESOLUTION NO. 14578
A RESOLUTION APPROVING AN AGREEMENT TO DONATE
PROPERTY AND RELEASE OF CLAIMS BETWEEN CITY OF
PUEBLO AND PARKVIEW MEDICAL CENTER RELATING TO
XP26 TASERS
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Agreement to Donate Property and Release of Claims between City of Pueblo and
Parkview Medical Center (“Agreement”) relating to XP26 Tasers, a copy of which is attached
hereto, having been approved as to form by the City Attorney, is hereby approved.
SECTION 2.
The Mayor is authorized to execute the Agreement in the name of the City and the City
Clerk is directed to affix the seal of the City thereto and attest same.
SECTION 3.
The officers and staff of the City are authorized to perform any and all acts consistent with
the intent of this Resolution and the attached Agreement to implement the transaction described
therein.
SECTION 4.
This Resolution shall become effective immediately upon final passage.
INTRODUCED March 22, 2021
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
ACTING CITY CLERK
City Clerk’s Office Item # M-2
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: March 22, 2021
TO: President Lawrence W. Atencio & Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Belinda Kimball, Acting City Clerk
FROM: Troy D. Davenport, Chief of Police
SUBJECT: A RESOLUTION APPROVING AN AGREEMENT TO DONATE PROPERTY AND
RELEASE OF CLAIMS BETWEEN CITY OF PUEBLO AND PARKVIEW
MEDICAL CENTER RELATING TO XP26 TASERS
SUMMARY:
Attached is an agreement between the City of Pueblo and Parkview Medical Center concerning
the donation, by the City of Pueblo, of XP26 Tasers to the Parkview Medical Center Security
Office.
PREVIOUS COUNCIL ACTION:
The police and fire departments have routinely donated surplus or obsolete equipment, including
but not limited to fire pumpers, hoses, and bulletproof vests, to other agencies who are able to
utilize the items.
BACKGROUND:
With the recent purchase of new equipment, the City of Pueblo has twenty-five XP26 Tasers and
assorted cartridges that are deemed surplus to our needs. The tasers have been unused for a
prolonged length of time and no longer meet the needs of the department. Parkview Medical
Center has shown interest and a need for this equipment.
FINANCIAL IMPLICATIONS:
None.
BOARD/COMMISSION RECOMMENDATION:
Not applicable.
STAKEHOLDER PROCESS:
Not applicable.
ALTERNATIVES:
None.
RECOMMENDATION:
Approval of the Resolution.
Attachments: Agreement
AGREEMENT TO DONATE PROPERTY
AND
RELEASE OF CLAIMS
THIS AGREEMEIT to Donate Property and Release of Claims ("Agreement") is made
and entered into this a 1" day of iv..h v.c %-1 ,2021,by and between Pueblo,a Municipal
Corporation ("Donor") and Parkview Medical Center, a private corporation ("Donee").
WITNESS ETH:
WHEREAS, Donor owns twenty-five (25) XP26 Tasers and assorted cartridges (approx.
50) (herein the "Property") which is surplus to its needs and is willing to transfer the Property to
Donee. A list of serial numbers for the Property is attached hereto as Exhibit A; and
WHEREAS, the Donee has agreed to accept the Property in its current condition without
warranty and to release Donor from any and all claims and demands with respect to the condition
or future use of the Property; and
WHEREAS, the parties desire to enter into this Agreement setting forth the terms and
conditions of the transfer of the Property.
NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby
acknowledged, the parties hereto agree as follows:
1. Transfer. City transfers all its right, title, and interest in and to the Property to the Donee
and Donee accepts such transfer.
2. Disclaimer of Warranty. DONEE ACCEPTS THE PROPERTY "AS IS, WITH ALL ITS
FAULTS." DONOR MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO
ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE
DESIGN, OPERATION OR CONDITION OF THE PROPERTY, ITS
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, THE
ABSENCE OF LATENT OR OTHER DEFECTS (WHETHER OR NOT
DISCOVERABLE), AND DONOR HEREBY DISCLAIMS THE SAME.
3. Release and Discharge. Donee agrees to completely release and forever discharge Donor
and their agents, employees and officers of and from any and all claims, liabilities, or
causes of action, whether known or unknown, disclosed or undisclosed, material or
immaterial, liquidated or unliquidated, which Donee or its officers, agents and employees
may have or may hereafter have against the Donor for or by reason of any matter, cause,
or thing relating to the transfer, use, or condition of the Property.
4. Donee shall indemnify, defend and hold harmless the Donor and its officers agents and
employees from any and all claims, actions, assessments, demands, liabilities, causes of
action, whatsoever which may arise after the date of this Agreement out of the transfer,
use,operation, or condition of the Property.
5. The parties hereto agree to execute such other documents and to take such other actions,
which may reasonably be necessary to further the purpose of this Agreement.
6. This Agreement shall be binding upon and inure to the benefit of the parties hereto and
their respective successors,and assigns.
7. This Agreement constitutes the entire understanding between the parties pertaining to the
subject matter hereof and supersedes any prior understandings,representations,warranties,
and agreements between the parties hereto pertaining to the subject matter hereof,and may
be modified only by a written agreement signed by all of the parties hereto.
8. The person signing this Agreement on behalf of Donee represents and warrants that he or
she has the requisite power and authority to enter into,execute,and deliver this Agreement
on behalf of Donee and that this Agreement is a valid and legally binding obligation of
Donee enforceable against it in accordance with its terms.
IN WITNESS WHEREOF,the parties have entered into this Agreement the day and year
first written above.
DONOR
CITY OF PUEBLO
bikuIt 1U'M2LO By W +
Acting City Clerk Mayor Nicho A.Gradisar
DONEE
PARKVIEW MEDICAL CENTER
Name: 111311a BAR
Title: (2 EQ
ATTEST:
Name:
Title:
EXHIBIT A
List of Serial Numbers for Donated XP26 Tasers
X 12009HX0
X12009878
X 1200986R
X1200986H
X12005NMF
X 12003 WC 1
X 12003 W9N
X12003W7D
X 12003 W79
X 12003 W6R
X 12003 W5P
X12003W5C
X12003W43
X 12003 W40
X12003W3F
X 12003 W3C
X12003W32
X 12003 W 30
X 12003 W2N
X12003W2E
X 12003 W28
X12003VX0
X12003VWN
X1200256T
X 12001 DRY