2015-140*RDINANCE NO, 411
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN DONATION
AGREEMENT WITH THE CITY OF MUZQUIZ, A POLITICAL SUBDIVISION OF THE FREE
AND SOVEREIGN STATE OF COAHUILA, MEXICO IN COMPLIANCE WITH CITY OF
DENTON ORDINANCE 2008 -11; AUTHORIZING THE DONATION OF POLICE AND FIRE
EQUIPMENT TO THE CITY OF MUZQUIZ; AUTHORIZING THE DONATION OF THE
EQUIPMENT WITH AN ESTIMATED VALUE GREATER THAN FIVE HUNDRED DOLLARS
($500); AND PROVIDING AN EFFECTIVE DATE (FILE 5824- DONATION AGREEMENT
WITH THE CITY OF MUZQUIZ).
WHEREAS, the City of Denton has the authority to enter into this Agreement pursuant to
Denton City Ordinance 2008 -11 and the Disposal Procedures of the City of Denton; and
WHEREAS, the donation of forty -five (45) pieces of Police and Fire gear to the City of
Muzquiz, will provide a sustainable method of disposal of this property for the City of Denton and a
beneficial use for the City of Muzquiz; the gear has since expired its warranty period in the United
States, however, still has many serviceable years remaining; and
WHEREAS, it is mutually beneficial to both parties to execute this Agreement whereby each
entity can achieve common objectives relating to the public safety and welfare of the residents of
both Cities; and
WHEREAS, the City of Muzquiz agrees to utilize the equipment originally purchased by the
City, for the express purpose of official Police and Fire support; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager is hereby authorized to enter into a donation agreement with
the City of Muzquiz, and to donate the police and fire equipment specified in the agreement, a copy
of which is attached hereto and incorporated by reference herein.
SECTION 2. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of Denton
under File 5824 to the City Manager, or his designee, of the City of Denton, Texas.
SECTION 3. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the 3---- day of,
CHRIS VATTS, MA (�)R
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY(` . ..... .
AIL OVED A'S TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
.. . ............ . . . . -11"",
BY-
DONATION AGREEMENT
This Donation Agreement (the "Agreement ") is made and entered into this 2nd day of May, 2015, between The City of Denton,
Texas, a political subdivision of the State of Texas (hereinafter "Denton ") and The City of Muzquiz, a political subdivision of the
Free and Sovereign State of Coahuila, Mexico, (hereinafter) "Muzquiz ".
WHEREAS, the City of Denton has the authority to enter into this Agreement pursuant to the Denton City Ordinance 2008 -11 and
the Disposal Procedures of the City of Denton.
WHEREAS, the donation of forty-five (45) pieces of Police and Fire gear to the City of Muzquiz, will provide a sustainable method
of disposal of this property for the City of Denton and a beneficial use for the City of Muzquiz. The gear has since expired its
warranty period in the United States, however, still has many serviceable years remaining.
WHEREAS, it is mutually beneficial to both parties to execute this Agreement whereby each entity can achieve common objectives
relating to the public safety and welfare of the residents of both Cities.
WHEREAS, the City of Muzquiz agrees to utilize the equipment originally purchased by the City, for the express purpose of
Official Police and Fire support.
NOW THEREFORE, in consideration of the mutual representations, terms and covenants hereafter set forth, the parties hereby
agree the following property will be donated by the City of Denton and accepted by the City of Muzquiz:
Police Department Safety Gear
Current
Value
(Expired
Items
Manufacturer ����� ��
Model
Warranty)
. ..
New Value
__
Police safety vest
-.� ��Survival Armor
������..����
IIA
$0.00
$600.00
��������— �-....... -�m�.
Police safety vest
y
Survival Armor
IA
II IA
$0.00
$600.00
Police safety vest
American Body Armor
XT 3A -2
....
(ABA)
.... �... �.� -...._
�. �.
$0.00
�..�._.
$625.00
Police safety vest
American Body Armor
XT3A -2
�
_ (ABA)
$0.00
$625.00
Police safety vest
American B���������
ody Armor
XT3A -2
_ w
(ABA)
_
$0.00
$625.00
Police safety vest
Safariland Level III
C1108989
$0.00
$625.00
- - ���
Police safety vest -___ ��
_
Safariland Level III
C1108989
_
$0.00
�........
$625.00
�_-
t st .... ______...
Police safe vest
y
. Safariland Le.�..._._ ��...._�....
Level
C1108989
$0.00
$625.00
Police safety vest
_
Safarilan d Level III
....._...._. ._
C1108989
_...._ � �..
$0.00
�.......... ..............................�
$625.00
��.
Police ........... Ves .................................. vv..................................................................._..................................................
t
....................- ___��...._
Safariland Level III
C1108989
$0.00 _
$625.00
_
Total Police Dept Safety
y Gear
_.- .�.. ....
........._ _
..... $0 00
$3,700.00
Fire Department Bunker Gear';
1. MUTUAL AGREEMENT OF THE PARTIES: The City of Denton will donate approximately forty-five (45) pieces of Fire
Department and Police Department safety gear, originally valued at $20,350.00 to the City of Muzquiz, for utilization in the
City's of Muzquiz' official Police and Fire support activities. Should the City of Muzquiz determine that the equipment is no
longer useable; an immediate destruction of the property shall be ordered.
Current
Value
(Expired
Items
Manufacturer
Model
.....
m. Warranty)
New Value
_. �, � ... -- -
Coat& liner_
�.. .w. _....
pal
Remm
_
922281
d_.�..
$0.00
$900.00
Coat & liner
Globe
862789
$0.00
$900.00
Coat & liner
Lion
N/A
$0.00
$900.00
Coat & liner
Quaker
1C326373
$0.00
$900.00
Coat &line. r
....�.
FireGear
N/A
$0.00
w�,vv ........................
$900.00
�._r�......
Coat &liner �.w���
��
..._.._ ..._........ Inotex
��_�
560.. ....�...,
851
$0.00
$900.00
Coat & liner
Inotex
5601031
$0.00
$900.00
Coat Liner
Morning Pride
B
70500
70 838
$0.00 .
$400.00
_......_
Coat Liner
....... �........_.
Lion
N/A
w�...�_�
$0.00
..... _�......
$400.00
Coat Liner
w_ �.. Lion ..._�.mm.�.m..,.._.
n
N/A
$0.00
$400.00
Coat Lin
0.A..
.........
Pants
_... - - .
Globe
_ ................_._......
3067908
$0.00
$800.00
�...........
Pants
_.........__ - --
Lion
PLBM2K
$0.00
....�...__.
$800.00
_- ...�w.,
............
Pants
................... _ ...
Lion _
.......e..
N/A
�. -.....
$0.00
�,,,,...........
$800.00 _...�.�
�m.. ..,,_.. .....
Pants
- -.. ........� _ �m
�........�._�____ Lion
�...�.�
N/A
$0.00
� ...$0.00.... �..,.__
$800.00
_�................._ .........
Pants .........� �
.
Lion
-�
pSLM2K
_.$0.00 ..........__
$80.mm___�
0.00 _ -..�..
....... ........�
Pants
Globe ....__.._
... 3017096
.;.�.�
- w.......... ...mm..
-.... $800.00
Pants .. .. .... .... ....�.
Globe
910��..-
822
� -�_-
$0.00
$800.00
.... �.......
Pants
Lion ----- -_����
K2
PLBM2.
$0.00
. -__ ...,,,
$800.00
_
Pants......... �� ..................................................... ....................�.m....�._.
-
....�____ Inotex
�................ �_____ -_
� 598841
$0.00
$800.00
Pants
FireGear
60 ............. ............................m.,
00102000_
$0.00
$800.00
_.... �. _
Wildland Coat
_ - ............. .�.
Lion
r....
42335
$0.00
$150.00
Wildland Pants
Firefighter
961202
0.00
$125.00
�.�
Wildland Jumpsuits
Li.... _...�
on
13341 �.�..
$0.00
.�,. ......_._
$225.00
. Wildland Jumpsuits _......�.........
_..�......... Lion . �._...- _..�,...��._....__YD0935
._.
$� 00
..
�$ ��_
$225.00
Wildland Jumpsuits ............ .....................�......�..
m
Lion _ . .
m Yd0935
0
$225.00
_......... ... w ._.w.
Wildland Jumpsuits
�........ - _....._- ...,_mm.
Cease Fire
N/A
$0
_ 00
$225.00
........... .......�.�.,
Wildland Helmet
�. - __....._._.
Wildfire
-
N/A
$0 00
$75.00
Boots
Ranger 9 1/2
N/A
$0.00
$200.00
- --
Boots �.... ........... ... .. .. ................
B ates 9
N/A
�....�...,..
$0.00
-_
$200.00
Gloves ...........................
American �..�
rican Fireware
-__- .m.,m
5400
$0.00 m��.�.....
$75.00
Gloves
.A�__
Firewa_re
...______
5400
$0.0_0
,.$
$75.00
........��..._m_._-- .- .-- ....._
Gloves................... _.�....�...�.�..�.............. �., ...,......._..........American
_---
Fireware .�_mw.�,...m.._..5400
0. 0.........................
0
$75.00
.. ... - -- --- ---------_- - ----- -----
......�w.e...Safety Equipment .. ..... -
N/A
Gloves_ ��ww....
Institute m
-rrww...ESS
_
,..._.__ $0.00
$75.00 m......u,
Goggles
... m m ...e.
Cairns.
...... _
... 10029699.
$0.00
_ .., $40.00
-- - - ----
Total Fire Department Bunker
..... _-----
Gear
$0.00
lj16,650.00
1. MUTUAL AGREEMENT OF THE PARTIES: The City of Denton will donate approximately forty-five (45) pieces of Fire
Department and Police Department safety gear, originally valued at $20,350.00 to the City of Muzquiz, for utilization in the
City's of Muzquiz' official Police and Fire support activities. Should the City of Muzquiz determine that the equipment is no
longer useable; an immediate destruction of the property shall be ordered.
2. LOCATION: All equipment shall be maintained in the City of Muzquiz.
3. REMEDIES. This Agreement shall be construed by and governed by the laws of the State of Texas. Venue for any legal action
necessary to enforce the Agreement will be in Denton County, Texas. No remedy herein conferred upon any party is intended
to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other
remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise
by any party of any right, power or remedy hereunder shall preclude any other or further exercise thereof.
4. WAIVER. No waiver of any provision hereof or of any right or remedy hereunder shall be effective unless in writing and
signed by the party against whom such waiver is sought to be enforced. No delay in exercising, no course of dealing with respect
to, or no partial exercise of any right or remedy hereunder shall constitute a waiver of any right or remedy, or fixture exercise
thereof.
5. ASSIGNMENT. This Agreement may not be assigned in whole or in part by any of the Parties without prior written consent
of the other Party.
6. SEVERABILITY. In the event that any section, paragraph, sentence, clause or provision hereof is held by a court of competent
jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force
and effect.
7. AMENDMENTS. This Agreement may be amended from time to time by written amendment by both parties.
8. NO THIRD PARTY BENEFICIARIES. For purposes of this Agreement, including its intended operation and effect, the
parties specifically agree and contract that: (1) the Agreement only affects matters/ disputes between the parties to this
Agreement, and is in no way intended by the parties to benefit or otherwise affect any third person or entity notwithstanding the
fact that such third person or entity may be in contractual relationship with the State or City, or both; and (2) the terms of this
Agreement are not intended to release, either by contract or by operation of law, any third person or entity from obligations
owed by them to either the State or City.
9. ENTIRETY OF AGREEMENT. This Agreement represents the entire understanding between the County and City and
supersedes all other negotiations, representations or agreement, written or oral, relating to this Agreement.
The parties have caused this Agreement to be executed by their duly authorized representative.
i
Luis Fernando Santos Flores
Municipal President of the City of Muzquiz, Coahuila, Mexico
Y_. � , ......
Dater x ,d
Chris Watts
Mayor of the City of Denton, Texas
13y:
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