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.
ATTEST: City of Pueblo
By: 7 By: �`
AuthorizedthSignat re
ATTEST: PUEBLO COUNTY,COLORADO
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By: By: ( -4 PUT asing asing A t ent
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