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HomeMy WebLinkAbout14578 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