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HomeMy WebLinkAboutR-3587-6-18RESOLUTION NO. 3587-6-18(R) ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL COOPERATION AGREEMENT WITH THE TOWN OF TRENTON, TEXAS, RELATING TO THE DONATION OF SURPLUS LAW ENFORCEMENT PROPERTY (THE "PROPERTY"); AUTHORIZING ITS EXECUTION BY THE CITY MANAGER OR DESIGNEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Allen, Texas, has been presented a proposed Interlocal Agreement by and between the City of Allen, Texas, and the Town of Trenton, Texas, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference (herein called "Agreement") relating to the donation of surplus law enforcement property (the "Property"); and, WHEREAS, the City Council has determined that the Property is no longer of use to the City and is not eligible for resale to the general public; and, WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City Council finds that the terms and conditions thereof are found to be acceptable and in the best interests of the City of Allen and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: ' SECTION 1. The Agreement is hereby approved, and the City Manager, or designee, is hereby authorized to execute the Agreement and all other documents in connection therewith on behalf of the City of Allen, substantially according to the terms and conditions set forth in Exhibit "A" hereto. SECTION 2. This Resolution shall take effect immediately from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 26''n DAY OF JUNE 201& APP VE Stephen ell, AY(llt ATTEST: Sh ey B. Gear Y SECRE Y (PGSt.3-9-I8 36 96840) j EXHIBIT "A" Interlocal Cooperation Agreement Resolution No. 3587-6-181111. Page 2 STATE OF TEXAS § § Interlocal Cooperation Agreement COUNTY OF COLLIN § This Interlocal Cooperation Agreement ("Agreement") for the donation of surplus law enforcement property is made and agreed by and between the City of Allen, Texas("Allen"), and City of Trenton, Texas ("Trenton") (collectively "parties"), each acting by and through their respective authorized representatives. RECITALS: WHEREAS, the Interlocal Cooperation Act, Chapter 791, of the Texas Government Code, authorizes units of local government to contract with one or more units of local government to perform governmental functions and services; and WHEREAS, the governing bodies of Allen and Trenton have authorized this Interlocal Cooperation Agreement; and WHEREAS, Allen owns all rights, title and interest, free and clear of any liens or encumbrances, to the surplus law enforcement property and more particularly described in Exhibit"A" (the"Property"); and WHEREAS, Allen has determined that the Property described in this Agreement is surplus property no longer fit for use by Allen; and WHEREAS, Allen has determined that the Property has no resale value and the costs associated with storing the Property generally exceed the fair market value of the Property; and WHEREAS, Allen desires to donate the Property to Trenton, transferring all rights, title and interest to the Property in accordance with the terms of this Agreement; and WHEREAS, Trenton desires to receive and accept all rights, title and interest in the Property in accordance with the terms of this Agreement immediately upon receipt of the Property; and WHEREAS, any payment that either Party is required to make hereunder shall be made from current, available revenue. NOW, THEREFORE, upon and for the mutual consideration stated herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: Page 1 Interlocal Cooperation Agreement City of Allen and the City of Trenton(TM 96670) Article I Purpose The purpose of this Agreement is, as described in the foregoing recitals, to evidence the Agreement of the Parties concerning the donation of surplus police property to Trenton in accordance with the terms and conditions set forth herein. Article II Term and Termination 2.1 Effective Date. This Agreement shall be effective on the date it has been signed by the authorized representatives of Allen and Trenton("the Effective Date"). 2.2 Term and Termination. The term of this Agreement shall commence on the Effective Date and shall terminate upon final delivery of the Property to Trenton in accordance with the terms set forth herein. Article III Transfer of Property 3.1 Conveyance of the Property. Allen does hereby convey to Trenton all rights, title and interest, free and clear of any liens or encumbrances, in the Property described in Exhibit"A"to this Agreement. 3.2 Assignment of Warranties. Allen hereby assigns, sets over and transfers to Trenton, all rights, title and interest in and to any warranties and guarantees issued in connection with the manufacture, construction, purchase, and/or operation, of the weapons (the "Warranties"), to the extent said Warranties are assignable and have not expired as of the date of the Effective Date. In consideration of the foregoing assignment, Trenton hereby assumes and agrees to perform all of the obligations of Allen with respect to the Warranties arising or accruing on and after the date hereof. The Parties understand and agree that no warranty is being created by this Agreement and that in the absence of an existing warranty affecting the Property at the time of purchase,Allen is not creating, assigning or transferring any warranty to Trenton. 3.3 "As Is" Transfer. TRENTON ACKNOWLEDGES THAT ALLEN IS DONATING AND TRENTON IS RECEIVING THE PROPERTY AND WARRANTIES, IF ANY, ON AN "AS IS WITH ALL FAULTS" BASIS AND THAT TRENTON IS NOT RELYING ON ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, FROM ALLEN, ITS AGENTS, OR BROKERS AS TO ANY MATTERS CONCERNING THE PROPERTY AND WARRANTIES, IF ANY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 3.4 FFL Registration Transfer. Allen will coordinate with a Federal Firearms License (FFL) holder to record the transfer of the Property with the ATF and will ensure that the serial numbers for all weapons identified in Exhibit A are registered to Trenton. Any and all Page 2 Interlocal Cooperation Agreement City of Allen and the City of Trenton(TM 96670) costs associated with the FFL registration transfer under this paragraph shall be borne solely by Trenton. Article IV Miscellaneous 4.1 Assianment. This Agreement may not be assigned by any Party hereto without the prior written consent of the other Party. 4.2 Notice. Any notice, demand or request required or permitted to be delivered hereunder shall be deemed received when delivered in person or sent by United States Mail, postage prepaid, certified mail, or by hand-delivery or facsimile transmission addressed to the Party at the address set forth below: If intended for City of Allen: With copy to: City of Allen Peter G. Smith Attn: Peter H. Vargas Nichols, Jackson, Dillard, Hager City Manager & Smith, L.L.P. One Allen Civic Plaza 1800 Ross Tower 305 Century Parkway 500 N. Akard Allen, Texas 75013 Dallas, Texas 75201 If intended for Trenton: Attn: Rodney Alexander Mayor City of Trenton P.O. Box 44 Trenton, Texas 75490 Any Party may, at any time, by written notice to the other Party, designate different or additional persons or different addresses for getting the notices hereunder. 4.3 Amendment. This Agreement may be amended by the mutual written agreement of both Parties hereto. 4.4 Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. 4.5 Governing Law. The validity of this Agreement and any of its terms and provisions as well as the rights and duties of the Parties, shall be governed by the laws of the Page 3 Interlocal Cooperation Agreement City of Allen and the City of Trenton(TM 96670) State of Texas; and venue for any action concerning this Agreement shall be in the State District Court of Collin County, Texas. The Parties agree to submit to the jurisdiction of said court. 4.6 Governmental Immunity. It is expressly understood and agreed that, in the execution of this Agreement, no Party waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to or against claims arising in the exercise of governmental functions relating hereto or otherwise. By entering into this Agreement, the Parties do not create any obligations, expressed or implied, other than those set forth herein, and this Agreement shall not create any rights to any Parties not signatory hereto. Each Party agrees to and accepts full responsibility for the acts, negligence and/or omissions of such Party's officers, agents and employees in the execution and performance of this Agreement. 4 1 n 1 .7 Hold Harmless. Trenton, including its officers, agents, employees, independent contractors, other representatives, invitees, licensees, or guests does hereby agree to completely and wholly release and hold harmless Allen, its agents, its officers, independent contractors, employees and all persons natural or corporate, in privity with them or any of them, from any and all claims, damages, causes of action of any kind whatsoever, statutory or otherwise, personal injury (including death), property damage, lawsuits and judgments, court costs, expenses and reasonable attorney's fees, and all other expenses resulting directly or indirectly from the actions, omissions and activities of Trenton relating to Trenton's use of the Property, or which may be sustained by reason of any act or omission on the part of Trenton, its employees, agents and/or contractors, or by anyone acting directly or indirectly employed by any of them, or by anyone for whose acts or omissions may be liable. It is the understanding of all Parties that this release and hold harmless agreement shall apply whether or not the claims, damages, causes of action of any kind whatsoever, statutory or otherwise, personal injury, including deaths, property damage, lawsuits,judgments, court costs, attorney's fees or any other expense arising directly or indirectly from the negligence of whatever nature, omissions, willful or intentional acts of Trenton or Trenton's officers, agents, employees, independent contractors, other representatives, invitees, licensees, or guests. 4.8 Entire Agreement. This Agreement represents the entire agreement among the Parties with respect to the subject matter covered by this Agreement. There is no other collateral, oral or written agreement between the Parties that in any manner relates to the subject matter of this Agreement. 4.9 Recitals. The recitals to this Agreement are incorporated herein. 4.10 Exhibits. The exhibits to this Agreement are incorporated herein. 4.11 Counterparts. This Agreement may be executed in any number of counterparts, each of whom shall be deemed an original and constitute one and the same instrument. 4.12 Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the parties, as well as any rights and benefits of the Parties, pertaining to a period of time following the termination of this Agreement shall survive termination. Page 4 Interlocal Cooperation Agreement City of Allen and the City of Trenton(TM 96670) EXECUTED this day of 2018. CITY OF ALLEN,TEXAS By. Peter H. Var(gaesA Manager Attest: By: Shelley George, ity Secretary Approved as to form: By: '7e—ter G. S th Ci Attorney Y EXECUTED this l Q day of JV/11V 92018. CITY OF TON S Y: dne x Nfayor Page 5 Interlocal Cooperation Agreement City of Allen and the City of Trenton(TM 96670) EXHIBIT A SURPLUS PROPERTY TO BE DONATED [9 Shotguns] MossberE 590 (7 shotimns) Brand: Mossberg Model: 590 Description: 12-gauge, pump shotguns Serial numbers: R835077 R834955 R833908 R835021 R833913 R045207 R834949 Mossbere 590—Less Lethal Setup (2 shotguns) Brand: Mossberg Model: 500A Description: 12-gauge, pump shotguns, set up for less lethal bean bag rounds (painted orange) Serial numbers: P283186 K950093 Exhibit A Interlocal Cooperation Agreement City of Allen and the City of Trenton(TM 96670)