HomeMy WebLinkAboutContract 44424 (2)STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
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AGREEMENT FOR THE DISPOSITION OF CITY PROPERTY
This Agreement for the disposition of City property (the "Agreement") is entered into
and made effective as of this 1 St day of April, 2012, by and between the City of Charlotte, a
North Carolina municipal corporation (the "City") and the City of Fort Worth, Texas, a home-
rule municipal corporation, (the "Recipient Governmental Unit") acting herein through Charles
Daniels, its duly authorized Assistant City Manager.
STATEMENT OF BACKGROUND AND INTENT
A. The City, by resolution of the City Council, is authorized to donate City property to other
governmental units within the United States pursuant to N.C. Gen. Stat.§160A-280.
B. On Apri14, 2012, the City of Charlotte was awarded a grant (2012-ZC-BX-0001) from
the Bureau of Justice Assistance (BJA), Office of Justice Programs (OJP) to serve as the fiscal
agent responsible for administering funding support for the 2012 Democratic National
Convention ("DNC") to be held September 3-6, 2012. Funding was provided pursuant to the
Department of Justice Appropriations Act, Pub. L. No. 112-55, 125 Stat. 552, 615, for
extraordinary law enforcement expenditures and related security costs. The City was authorized
to purchase law enforcement related equipment and supplies to provide for the public safety and
security during the DNC.
C. The parties enter into this Agreement under the authority of each parties respective state
law, Title 28 CFR Part 66, Title 2 CFR section 215.34 and consistent with the 2011 Office of
Justice Programs Financial Guide, which authorizes the distribution of grant purchased City
owned surplus items to outside law enforcement agencies to be used for criminal justice purposes
by agencies that assisted the City by providing public safety and security during the DNC.
D. At a regular meeting on February 25, 2013, the Charlotte City Council, by Resolution,
approved the disposition of surplus equipment set forth on Attachment A(the "Equipment") to
the Recipient Governmental Unit, which is incorporated into this as if copied in full.
NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the parties
agree as follows:
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AGREEMENT
1. DONATION
The City hereby donates and assigns the surplus Equipment to the Recipient
Governmental Unit, and the Recipient Governmental Unit hereby agrees and affirms that the
Equipment shall be utilized only for criminal justice purposes.
2. WAIVER OF WARRANTIES
THE RECIPIENT GOVERNMENTAL UNIT AGREES THAT THE EQUIPMENT
IS DONATED BY THE CITY "AS IS" AND THAT THE CITY EXCLUDES ALL
WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
Nothing in this section shall be deemed to limit the Recipient Governmental Unit's
ability to pursue warranty claims with the Equipment manufacturers.
3. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE CITY HAVE ANY LIABILITY ARISING OUT OF
OR RELATING TO THE EQUIPMENT OR TO THE CITY'S DISPOSITION OF THE
EQUIPMENT, INCLUDING BUT NOT LIMITED TO LIABILITY FOR DIRECT,
INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES.
4. INDEMNIFICATION
To the fullest extent provided by Texas law, the Recipient Governmental Unit hereby
agrees to indemnify, defend and hold harmless the City and its officers, agents and employees
from and against any and all liabilities, liens, obligations, losses, claims, damages, actions, suits,
proceedings, costs and expenses, including without limitation attorneys' fees, imposed or
incurred by or asserted against the City or its assigns, arising out of, connected with, or resulting
directly or indirectly from the Equipment or the City's disposition of the Equipment. The
Recipient Governmental Unit shall give the City or its assigns prompt written notice of any
matter hereby indemnified against.
5. MISCELLANEOUS
A failure by either party to enforce any right under this Agreement shall not at any time
constitute a waiver of such right or any other right, and shall not modify the rights or obligations
of either party under this Agreement. This Agreement shall obligate and benefit the parties, and
their permitted receivers, trustees, assignors, and other representatives. The invalidity or
unenforceability of any provision of this Agreement shall not affect the validity or enforceability
of any other provision, the remaining provisions being deemed to continue in full force and
effect. This Agreement shall be governed by and construed under the laws of the State of North
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Carolina, excluding its conflicts of law principles. The parties further agree that any and all legal
actions or proceedings relating to this Agreement shall be brought in a state court sitting in
Mecklenburg County, North Carolina. By execution of this Agreement, the parties irrevocably
waive any and all objections, which they may have with respect to venue in any court sitting in
Mecklenburg County. This Agreement is the entire agreement of the parties, and supersedes all
prior agreements and communications, whether oral or in writing, between the parties with
respect to the subject matter of this Agreement. No amendment or modification of this
Agreement shall be effective unless made in writing and signed by both parties.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date
first written above.
City of Char
ACCEPTED AND AGREED:
RECIPIENT GOVERNMENTAL UNIT (CITY OF FORT WORTI�:
By:
Cha
Assistant City Manager
Date: 05 b.�. /3
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By: 'l�� u .�' �.`�"`'�
Jeffrey W. Halstead
Chief of Police
Date:
APPROVED AS TO FORM
AND LEGALITY:
By:
a
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Jessica Sangsvang
Assistant Gity Attorney
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Contract Authorization:
M&C: ��" ' i 1 '� � �
Date Approved: �/— 2 3 —1 �
ATTEST:
By: �
Mary J. Kayse
City Secretary
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CERTIFICATION
I, Charles Daniels, certify that the Equipment provided under this Agreement to the City of Fort
Worth will not be used to supplant local or State funds.
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Title: Assistant City Manager
ATTACHMENT A
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M&C Review
Page 1 of 2
OfFicial site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA
DATE:
CODE:
4/23/2013
G
COUNCIL ACTION: Approved on 4/23/2013
REFERENCE NO.: G-17875 LOG NAME:
TYPE:
NON- PUBLIC
CONSENT HEARING:
FORT �'�'URTI I
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35DNC BIKE
DONATIONS
NO
SUBJECT: Authorize Acceptance of the Donation of Bicycles and Bicycle Equipment Valued in the
Amount of $16,804.89 from the City of Charlotte, North Carolina for Use by the City of Fort
Worth Police Department's Bike Patrol Unit and Authorize Execution of Related Agreement
(ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acceptance of the donation of bicycles and bicycle equipment valued in the amount
of $16,804.89 from the City of Charlotte, North Carolina for use by the City of Fort Worth Police
Department's Bike Patrol Unit; and
2. Authorize the execution of a related Agreement to allow the transfer of the property from the City
of Charlotte, North Carolina to the City of Fort Worth.
DISCUSSION:
On July 27, 2012, (M&C C-25755) the City Council authorized the execution of an Intergovernmental
Agreement with the City of Charlotte, Charlotte-Mecklenburg Police Department for the City of Fort
Worth to provide additional law enforcement personne� during the 2012 Democratic National
Convention (DNC) that took place on September 1, 2012 through September 7, 2012. The Fort
Worth Police Department sent 23 bike officers to Charlotte, North Carolina (City of Charlotte) to assist
with the Civil Disturbance Management Plan. The City of Fort Worth was reimbursed for expenses
related to assisting with the DNC.
The City of Charlotte was awarded a grant from the Bureau of Justice Assistance (BJA), Office of
Justice Programs (OJP) to administer funding support for the 2012 DNC. The City of Charlotte was
authorized to purchase law enforcement related equipment and supplie� to provide for the public
safety and security during the DNC. The OJP Financial Guide authorized the distribution of grant
purchased surplus items to outside law enforcement agencies to be used for criminal justice
purposes by agencies that assisted the City of Charlotte by providing public safety and security
during the DNC. On February 25, 2013, the Charlotte City Council approved the disposition of
surplus equipment of 12 bicycles and 23 uniform sets which include gloves, bicycle helmet, shin
guards, elbow guards, and hydration packs to the City of Fort Worth for use by the Police
Department's Bike Patrol Unit.
The donated items must be picked up by the City of Fort Worth. It will cost the City of Fort Worth the
approximate amount of $1,458.00 to retrieve the donated items. These costs include fuel, hotel and
per diem expenses for two officers. This is a worthy donation to the City of Fort Worth Police
Department's Bike Patrol Unit for the job they performed and demonstrates the willingness of the City
of Fort Worth to support its fellow cities throughout the United States.
http://apps.cfwnet.org/council�acket/mc_review.asp?ID=18263&councildate=4/23/2013 4/30/2013
M&C Review
FISCAL INFORMATION/CERTIFICATION:
Page 2 of 2
The Financial Management Services Director certifies that this action will have no material effect on
City funds. The Police Department is responsible for the retrieval of this property.
TO Fund/Account/Centers
Submitted for CitX_Manager's Office by;
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
FROM Fund/Account/Centers
Charles Daniels (6199)
Jeffrey W. Halstead (4231)
Aya Ealy (4239)
http://apps.cfwnet.org/council�,acicet/mc_review.asp?ID=18263&councildate=4/23/2013 4/30/2013