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HomeMy WebLinkAbout10080ORDINANCE NO. 10080 AN ORDINANCE APPROVING AN AGREEMENT FOR DONATED PROPERTY AND RELEASE OF CLAIMS, ACCEPTING THE DONATION OF EIGHT (8) EXTREME NETWORK SWITCHES AND TWENTY-TWO (22) FIBER OPTIC TRANSCEIVERS FROM PUEBLO COUNTY’S INFORMATION TECHNOLOGY DEPARTMENT FOR THE CITY OF PUEBLO’S SOLE-USE, AND AUTHORIZING THE MAYOR TO EXECUTE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement to Donate Property and Release of Claims (“Agreement”), accepting the donation of eight (8) Extreme Network Switches and their associated fiber optic transceivers from Pueblo County’s Department of Information Technology to the City of Pueblo’s Department of Information Technology, for the City of Pueblo’s sole-use, attached hereto after having been approved as to form by the City Attorney, is hereby accepted and approved. SECTION 2. The Mayor is hereby authorized to execute said Agreement for and on behalf 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 all acts consistent with the intent of this Ordinance to implement the transaction described herein. SECTION 4. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on December 13, 2021. Final adoption of Ordinance by City Council on December 27, 2021 . President of City Council Action by the Mayor: ☒ Approved on December 30, 2021 . □ Disapproved on based on the following objections: _ Mayor Action by City Council After Disapproval by the Mayor: □ Council did not act to override the Mayor's veto. □ Ordinance re-adopted on a vote of , on □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST Deputy City Clerk City Clerk’s Office Item # R-7 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: December 13, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Marisa Stoller, City Clerk FROM: Lori Pinz, Director of Information Technology SUBJECT: AN ORDINANCE APPROVING AN AGREEMENT FOR DONATED PROPERTY AND RELEASE OF CLAIMS, ACCEPTING THE DONATION OF EIGHT (8) EXTREME NETWORK SWITCHES AND TWENTY-TWO (22) FIBER OPTIC TRANSCEIVERS FROM PUEBLO COUNTY’S INFORMATION TECHNOLOGY DEPARTMENT FOR THE CITY OF PUEBLO’S SOLE-USE, AND AUTHORIZING THE MAYOR TO EXECUTE SAME SUMMARY: This Ordinance approves the attached Agreement to Donate Property and Release of Claims and accepts the donation of eight (8) Extreme/Avaya Network Switches and twenty-two (22) fiber optic transceivers from Pueblo County’s Information Technology Department. PREVIOUS COUNCIL ACTION: Not applicable to this Ordinance. BACKGROUND: Pueblo County’s Information Technology Department converted their network switch infrastructure to a new vendor. Because they cannot have a mixed network environment, Pueblo County is eliminating eight (8) Extreme/Avaya network switches and twenty-two (22) fiber optic transceivers, which are no longer viable for their use. The City of Pueblo’s Information Technology Department (I.T.) has use for this equipment, and Pueblo County’s Information Technology Department is willing to donate this equipment in its entirety to City I.T. FINANCIAL IMPLICATIONS: Annual support and maintenance costs will be required. Funding will be requested and appropriated during the City’s annual budget process. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If City Council does not approve this Ordinance, City I.T. will need to purchase newer network equipment from the existing budget. RECOMMENDATION: Approval of the Ordinance. Attachments: Agreement to Donate Property and Release of Claims AGREEMENT TO DONATE PROPERTY AND RELEASE OF CLAIMS THIS AGREEMENT to Donate Property and Release of Claims is made and entered into this /14 day ofc.� , 202:-;by and between the Purchasing Department(hereinafter referred to as the "County")and City of Pueblo. WITNESSETH: WHEREAS,the County has agreed to donate its interest in certain excess inventory to City of Pueblo; and WHEREAS, City of Pueblo has agreed to accept the certain excess inventory in its current condition without warranty and to release the County from any and all claims and demands with respect to the condition or future use of said excess inventory; and WHEREAS, the parties desire to memorialize the donation and transfer and the terms and conditions therefor. NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows: 1. Description of Property. The County agrees to transfer all right, title, and interest in the excess inventory described in Exhibit "A", attached hereto and incorporated herein by this reference. 2. Disclaimer of Warranty. City of Pueblo agrees and acknowledges that it is accepting the above noted excess inventory "AS IS, WHERE IS," and that NO WARRANTIES AS TO ITS CONDITION, USE, SAFETY, MERCHANTABILITY, OR FITNESS, has been made. 3. Release and Discharge. In consideration of the promises called for herein, City of Pueblo agrees to completely release and forever discharge the County, its agents, servants, representatives, employees, subsidiaries, affiliates, partners, predecessors, and successors in interest and assigns all other persons, firms, or corporations with whom the County has been, is, or may hereafter be affiliated, of and from any and all past, present, or future claims, liabilities, or causes of action, whether known or unknown, disclosed or undisclosed, material or immaterial, liquidated or unliquidated, which the City of Pueblo or its assigns may have or may hereafter have against the County for or by reason of any matter, cause, or thing relating to the transfer, use, or condition of excess inventory described in Exhibit "A" noted above. 4. 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. 5. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective representatives, successors, and assigns. 6. This Agreement constitutes the entire agreement 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. 7. City of Pueblo represents and declares that in executing this Agreement, it is relying solely upon its own judgment, belief, and knowledge, and/or the advice and recommendation of its own independently selected counsel. 8. City of Pueblo further represents and declares that it has carefully read this Agreement, knows the contents thereof, and has signed the same freely and voluntarily. IN WITNESS WHEREOF, the parties have entered into this Agreement the day and year first written above. 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