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HomeMy WebLinkAbout065460 - General - Contract - Cuyahoga County Sheriff's Department (CCSD)CSC No. 65460 U 01 V.111 t4l Nil 10113 W-1101 IN I to 1 *41 V wall a IM ZA Mill This Interlocal Agreement ("Agreement") is between the City of Fort Worth ("City"), a unit of local government, and Cuyahoga County, on behalf of its Sheriff's Department ("CCSD"), an Ohio political subdivision (collectively, the "Parties"). The parties have reviewed this Agreement and agree to the following: WHEREAS, the purpose of this Agreement is to facilitate and memorialize the cooperation between City and the CCSD concerning the sale of decommissioned City of Fort Worth Police Department vehicles; WHEREAS, City agrees to provide CCSD with decommissioned vehicles (the "Personal Property") in accordance with the terms of this Agreement; WHEREAS, any payments or performance required by this Agreement must come from current revenues legally available to the Parties; WHEREAS, this Agreement is made pursuant to the authority of Section 791 of the Texas Government Code; WHEREAS, the subject of this contract is necessary for the benefit of the public and each party has the legal authority to perform and to provide the governmental function or service which is the subject matter of this contract; NOW, THE RFORE, for and in consideration of the mutual undertaking hereinafter set forth and for adequate consideration given, the Parties agree to the following: The Agreement commences on the latest date of signatm ofthe Parties ("Effective Date") and expires when final payment is received thereafter ("Expiration Date"), unless terminated earlier in accordance with the provisions of the Agreement. �� M a. Convenience. Either City or CCSD may terminate the Agreement at any time and for any reason by providing the other party with at least thirty (30) days' written notice of termination. b. Breach. If either party commits a material breach of the Agreement, the non - breaching Party must give written notice to the breaching party that describes the breach in reasonable detail. The breaching party must cure the breach within ten (10) calendar days after receipt of notice from the non -breaching party, or any other timeframe as agreed to by the parties. If the breaching party fails to cure the breach within the stated period of time, the non -breaching party may, in its sole discretion, and. without prejudice to any other right under the Agreement, at law or in equity, immediately terminate the Agreement by giving written notice to the breaching party. OFFICIAL RECORD Interlocal Agreement — Cuyahoga County Sheriff's Department CITY SECRETARY Pagel of FT. WORTH, TX C. Fiscal Funding Out. In the event no funds or insufficient funds are appropriated by CCSD in any fiscal period for any payments due hereunder, CCSD will notify City of such occurrence and the Agreement will terminate on the last day of the fiscal period for which appropriations were received without penalty or expenses to the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. III. OBLIGATIONS OF THE PARTIES a. The City agrees to: i. Sell the Personal Property to the CCSD as indicated in Exhibit A, and further described in Exhibit B, City's Quote, attached hereto for the price indicated therein. ii. Transfer and convey to the CCSD all of City's rights, title, and interest to the Personal Property identified in Exhibit A within 120 days. iii. Submit an invoice requesting payment upon delivery of the Personal Property. b. The CCSD will: Submit payment to the City, as indicated in the City's invoice, within 30 days of receipt of the invoice. ii. Pay any fees or costs associated with the transfer of the Personal Property to CCSD. IV. LAW AND VENUE The Agreement and the rights and obligations of the Parties hereto are governed by, and construed in accordance with, the laws of the United States and State of Texas. Venue for any suit brought under the Agreement must be in a court of competent jurisdiction in Cuyahoga County, Ohio. V. AUDIT The CCSD agrees that City will, until three (3) years after final payment and the expiration/termination date of the Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the CCSD involving transactions relating to the Agreement, and the CCSD agrees that City will have reasonable access during normal working hours to all necessary CCSD facilities and will be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City will give the CCSD reasonable advance notice of intended audits. Interlocal Agreement — Cuyahoga County Sheriff's Department Page 2 of 8 I RIM Any notice required to be given under the provisions of this Agreement must be in writing and will be deemed duly served when (1) personally delivered to the address below, or (2) deposited, enclosed in a wrapper with the proper postage prepaid thereon, and duly registered or certified, return receipt requested, in a United States Post Office, addressed to the CCSD or the City at the following addresses. If mailed, any notice or communication will be presumed to be received three (3) days after the date of deposit in the United States Mail, unless shown otherwise. Unless otherwise provided in this Agreement, all notices must be delivered to the following addresses: Cuyahoga County c/o Sheriffs Department Chris Costin, MBA 1215 West Yd Street, 2nd Floor Cleveland, OR 44113 V11, 7 '777 =111L 505 W. Felix St. Fort Worth, Texas 76115 L,Y-jfb ij t* & 04v jJ1j&&,?t TX. 76102 a. Immunity, It is expressly understood and agreed that in the execution of this Agreement, neither Party waives, nor will they be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. b. Amendment. No supplement, modification, or amendment of any term, provision, or condition of this Agreement will be binding or enforceable on either Party hereto unless in writing signed by both Parties. C. &�ml, No Party to this Agreement may assign its rights under this Agreement without prior written consent of the other Party. d. Relationft of the Parties. None of the provisions of this Agreement are intended to create, and none will be deemed or construed to create, any relationship between the Parties, other than that of independent contractors. This Agreement does not create the relationship of X-emi XlPm I ne tartnershiw or �oint venture. Neither Part-L has the ri�i.4ht!2r %ower in any manner to unilaterally obligate the other to any third -party, whether or not related to the purpose of this Agreement. Interlocal Agreement — Cuyahoga County Sheriff's Department aff',awm e. S-e-verabilitv. Should any part, term, or provision of this Agreement be declared to be invalid, void, or unenforceable, all remaining parts, tenns, and provisions hereof remain in full force and effect, and in no way be invalidated, impaired, or affected thereby. f, Entire Apareement. This Agreementcontains the entire Agreement between Parties relating to the rights herein granted and the obligations herein assumed, and supersedes all prior or or i between the Parties. Liabili1y. Each Party will be solely responsible for own actions or inactions, as well as the actions or inactions of its respective employees, agents, officers, officials, and contractors. Neither Party is responsible for the actions, errors, omissions, negligence, misfeasance, or malfeasance of the other Party or any employee,official contractor or other signatureh. Electronic Signature. This Agreement may be executed by electronic signature, which will be considered as an original R purposes and have the same force and effect as an original signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions (e.g. via pdf file, email, or facsimile transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign. i. + blic Information.government entity under # all documents held or maintained by City may be subject to disclosure #. indicatedPublic Information Act. In the event there is a request for information related to any records the CCSD has are confidential,promptly ! General of of #n on whether such reasons are sufficient will not be competentdecided by City, but by the Office of the Attorney General of the State of Texas or by a court of # # t Interlocal ..Cuyahoga! Page 4 of Interlocal Agreement — Cuyahoga County Sheriff's Department Page 5 of By: Name: William Johnson Title: Assistant City Manager Date: 06/30/2026 By: David Carabajal-("Jun 30, 2026 10:58:08 CDT) Name: David Carabajal Title: Executive Assistatit Chief A A ATTEST: p n o oAz 00. By: Name: Jannette Goodall Title: City Secretary CONTRACT COMPLIANCE MANAGER: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Kathryn Agee By: Kathryn Agee (Jun 24, 202W11:36:34 CDT) Name: Kathryn Agee Title: Senior Management Analyst 6W& Keanan Mathews Hall (Jun 22, 2026 11:3T27 CDT) By: Name: Keanan M. Hall Title: Sr. Assistant City Attorney U-*TTW?TUTM-f Date Approved: N/A 1295 Certification No,: N/A Cuyahoga County APPROVED AS TO FORM AND LEGALITY ERIK JANAS, CHIEF OF STAFF NathanHall, Osistant Law Director By: ,Chris R( ame -'a ssistant Law Director or deSig 202o9-� iyahoga County, Law Department No. E02023-003 dated July 6, 2023 Im Date: Interlocal Agreement - Cuyahoga County Sheriff s Department OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 6 of 8 7M"M ` -- - -- ---- 1.0- 3/4 ton Pickup # !'tF250 CREW CAB IFT7W2A60HEC8123/4 11 ## ton ickup TOTAL I II II Interlocal Agreement -- Cuyahoga County Sheriff's Department Page 7 of 8 0�tV Cuyahoga County Sheriff s Department 1215 West 31d Street Cleveland, OH 44113 vehicles to be purchased by Cuyahoga County Sheriffs Department. Vehicle 1: * 2017 Ford F250 Crew Cab/4ton Pickup * VIN: IFT7W2A69HEC81273 * Approximate mileage: 137,048 * Price $5,100.00 Vehicle 2: Vehicle 2: 2017 Ford F250 Crew Cab3/4 ton Pickup 2017 Ford F250 Crew Cab/4 ton Pickup VIN: IFT7W2A60HEC81274 Approximate mileage: 69,323 Price: $5,100.00 Lt. Richard Perez Fort Worth Police Department 505 W. Felix Street Fort Worth, TX 76115 lbciiwcd.Pere-zei,?"fortwortlit POLICE DEPARTMENT CJTY OF FORT WORTH BOB BOLEN PUBLIC SAFETY COMPLEX * 505 WEST FELIX STREET * FORT WORTH, TEXAS 76115 817-392-4200 * FAX 817-392-4216 Interlocal Agreement — Cuyahoga County Sheriff s Department Page 8 of 8 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Cuyahoga County Sheriffs Department (CCSD) Subject of the Agreement: Fort Worth Police are selling two (2) end of life vehicles to Cuyahoga County Sheriff Department for $10,200.00. M&C Approved by the Council? * Yes ❑ No 8 If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 8 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No 8 If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: At ACM's signature Expiration Date: One year after ACM's signature If different from the approval date. If applicable. Is a 1295 Form required? * Yes ❑ No M *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.