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2017-026S:\Legal\Our pocuments\Ordinances\17\muzquiz.docx �' � � • � � � AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A DONATION AGREEMENT WITH THE CITY OF MLTZQUIZ, 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 Dentan; and WHEREAS, the donation of one hundred twenty eight (128) pieces of Police and Fire gear ta the City of Muzquiz, will provide a sustainable method of disposal of this property for the City of Denton and a beneiicial 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 ta 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 purpase of official Police and Fire support; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager is hereby authorized to enter into a donation agreement with the City of Muzquiz, and to donate the police and fire equiprnent specified in the agreement, a copy of which is attached hereto and incorporated by reference herein. SECTION 2. The City Cauncil 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 Dentan under File 5 824 to the City Manager of the City of Denton, Texas, or his designee. SECTION 3. The findings in the preamble of this ardinance are incorporated herein by reference. SECTION 4. This ordinance shall become effective immediately upon its passage and v.�. approval PASSED AND APPROVED this the � � �y of , � ��" � � ,,, , 2017. � , �� Y ��, � � � � ��s� � ,,�' �, ' ,� �-_ �._._ (r,`I-II�I� WATTS, MAYOR S:\Legal\Our pocuments\Ordinances\17\muzquiz.docx ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: � ��`'`��.��.°�'`�� i'�_��'`��_t��"��,�� APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � �� BY:._......_. °`��:�,....��,...�..�..�.�- ` �� DocuSign Envelope ID: B4FC31C3-FA9A-40AD-B686-10854BCDC239 DONATION AGREEMENT day of November 2016 The City of Múzquiz, a political subdivision of the Free and Sovereign State of Coahuila, Mexico, Múzquiz 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 one hundred eighteen (118) items of Fire safety gear to the City of Múzquiz, will provide a sustainable method of disposal of this property for the City of Denton and a beneficial use for the City of Múzquiz. 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 Múzquiz 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 Múzquiz: DENTON POLICE DEPARTMENT 2016 DONATION ITEMS Current Value New (Expired Value/Cost Total New Warranty) per Unit Value/Cost ITEMMFGR.ModelQTYSIZE $ - $ 400 $ 400 Safety Vest American Body Armor (ABA)K2-21LSL $ - $ 400 $ 400 Safety VestABAXT3A-21LSL $ - $ 400 $ 400 Safety VestABAXT3A-21LSL $ - $ 400 $ 400 Safety VestABA102-21LLX $ - $ 380 $ 380 Safety VestABA102-1136AR $ - $ 550 $ 550 Safety VestSafarilandBA-XT011XL $ - $ 550 $ 550 Safety VestSafariland XHP31110 1LG $ - $ 500 $ 500 Safety VestSurvival ArmorLT111-A12516-2216 $ - $ 500 $ 500 Safety VestSurvival ArmorLT111-A12015-2015 $ - $ 500 $ 500 Safety VestSurvival ArmorLT111-A12215-1715 TOTAL POLICE DEPT.10$ - $ 4,580 DocuSign Envelope ID: B4FC31C3-FA9A-40AD-B686-10854BCDC239 DENTON FIRE AND EMERGENCY DEPARTMENT 2016 DONATION ITEMS Current Value New (Expired Value/Cost Total New Warranty) per Unit Value/Cost ITEMMFGR.ModelQTYSIZE $ - $ 50 Nomex Uniform PantsTopp's Safety ApparelN/A329X36$ 150 $ - $ 50 Nomex Uniform PantsTopp's Safety ApparelN/A329X36$ 150 $ - $ 50 Nomex Uniform PantsTopp's Safety ApparelN/A329X36$ 150 $ - $ 50 Nomex Uniform PantsTopp's Safety ApparelN/A329X36$ 150 $ - $ 50 Nomex Uniform PantsTopp's Safety ApparelN/A230x36$ 100 $ - $ 50 Nomex Uniform PantsTopp's Safety ApparelN/A131x36$ 50 $ - $ 50 Nomex Uniform PantsTopp's Safety ApparelN/A634x36$ 300 $ - $ 50 Nomex Uniform PantsTopp's Safety ApparelN/A335x36$ 150 $ - $ 50 Nomex Uniform PantsTopp's Safety ApparelN/A236x36$ 100 $ - $ 50 Nomex Uniform PantsTopp's Safety ApparelN/A838x36$ 400 $ - $ 50 Nomex Uniform PantsTopp's Safety ApparelN/A540x36$ 250 $ - $ 50 Nomex Uniform PantsTopp's Safety ApparelN/A242x36$ 100 $ - $ 60 Nomex Uniform L/S ShirtTopp's Safety ApparelN/A314.5x32$ 180 $ - $ 60 Nomex Uniform L/S ShirtTopp's Safety ApparelN/A114.5x33$ 60 $ - $ 60 Nomex Uniform L/S ShirtTopp's Safety ApparelN/A515x33$ 300 $ - $ 60 Nomex Uniform L/S ShirtTopp's Safety ApparelN/A315x35$ 180 $ - $ 60 Nomex Uniform L/S ShirtTopp's Safety ApparelN/A415.5x33$ 240 $ - $ 60 Nomex Uniform L/S ShirtTopp's Safety ApparelN/A415.5x35$ 240 $ - $ 60 Nomex Uniform L/S ShirtTopp's Safety ApparelN/A416x33$ 240 $ - $ 60 Nomex Uniform L/S ShirtTopp's Safety ApparelN/A416x35$ 240 $ - $ 60 Nomex Uniform L/S ShirtTopp's Safety ApparelN/A416.5x33$ 240 $ - $ 60 Nomex Uniform L/S ShirtTopp's Safety ApparelN/A416.5x35$ 240 $ - $ 60 Nomex Uniform L/S ShirtTopp's Safety ApparelN/A317x35$ 180 $ - $ 60 Nomex Uniform L/S ShirtTopp's Safety ApparelN/A417.5x35$ 240 $ - $ 50 Nomex Uniform S/S ShirtTopp's Safety ApparelN/A6Small$ 300 $ - $ 50 Nomex Uniform S/S ShirtTopp's Safety ApparelN/A1Medium$ 50 $ - $ 50 Nomex Uniform S/S ShirtTopp's Safety ApparelN/A1Large$ 50 $ - $ 50 Nomex Uniform S/S ShirtTopp's Safety ApparelN/A4X-Large$ 200 $ - $ 50 Nomex Uniform S/S ShirtTopp's Safety ApparelN/A2XX-Large$ 100 $ - $ 50 Nomex Firefighting Bunker PantsLion Apparel 20001Large$ 50 $ - $ 53 Nomex Firefighting Bunker PantsLion Apparel 20043Lg/XL$ 160 $ - $ 50 Nomex Firefighting Bunker PantsGlobe Firefighting Suits20001Lg/XL$ 50 $ - $ 53 Nomex Firefighting Bunker PantsGlobe Firefighting Suits20053Large$ 160 $ - $ 50 Nomex Firefighting Bunker CoatsLion Apparel 20001Large$ 50 $ - $ 60 Nomex Firefighting Bunker CoatsLion Apparel 20044Lg/XL$ 240 $ - $ 25 Nomex Firefighting Bunker CoatsGlobe Firefighting Suits19891Large$ 25 $ - $ 60 Nomex Firefighting Bunker CoatsGlobe Firefighting Suits20054Large$ 240 $ - $ 75 Nomex Firefighting Bunker CoatsGlobe Firefighting Suits 20062Lg/XL$ 150 TOTAL FIRE & EMER. DEPT.118$ - $ 6,455 DocuSign Envelope ID: B4FC31C3-FA9A-40AD-B686-10854BCDC239 TOTAL ALL128$ - $ 11,035 1. MUTUAL AGREEMENT OF THE PARTIES: The City of Denton will donate approximately one hundred eighteen ( 128) pieces of Fire Department safety gear, originally valued at $11,035 to the City of MúzquizMúzquiz Múzquiz 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 Múzquiz. 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 future 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. DocuSign Envelope ID: B4FC31C3-FA9A-40AD-B686-10854BCDC239 The parties have caused this Donation Agreement to be executed by their duly authorized representative Luis Fernando Santos Flores Municipal President of the City of Múzquiz, Coahuila, Mexico By: Date: Chris Watts Mayor of the City of Denton, Texas By: Date: Certificate Of Completion Envelope Id: B4FC31C3FA9A40ADB68610854BCDC239Status: Completed Subject: City Council Docusign Item - 5824 Source Envelope: Document Pages: 5Signatures: 4Envelope Originator: Supplemental Document Pages: 0Initials: 0Elton Brock Certificate Pages: 6 AutoNav: EnabledPayments: 0elton.brock@cityofdenton.com EnvelopeId Stamping: EnabledIP Address: 129.120.6.150 Time Zone: (UTC-08:00) Pacific Time (US & Canada) Record Tracking Status: OriginalHolder: Elton BrockLocation: DocuSign 2/2/2017 10:33:59 AM elton.brock@cityofdenton.com Signer EventsSignatureTimestamp Elton BrockSent: 2/2/2017 10:40:27 AM Completed elton.brock@cityofdenton.comViewed: 2/2/2017 10:40:37 AM Purchasing ManagerSigned: 2/2/2017 10:41:47 AM Using IP Address: 129.120.6.150 City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Luis Santos, MayorSent: 2/2/2017 10:41:48 AM luis_santos2002@hotmail.comViewed: 2/3/2017 8:24:07 AM Security Level: Email, Account Authentication Signed: 2/3/2017 8:25:02 AM (Optional) Using IP Address: 189.248.196.90 Electronic Record and Signature Disclosure: Accepted: 2/3/2017 8:24:07 AM ID: fcfc1cda-d480-4fb8-966a-5d8efff76750 John KnightSent: 2/3/2017 8:25:05 AM john.knight@cityofdenton.comViewed: 2/3/2017 9:02:33 AM Deputy City AttorneySigned: 2/3/2017 9:02:41 AM City of Denton Using IP Address: 129.120.6.150 Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Julia WinkleySent: 2/3/2017 9:02:42 AM Completed julia.winkley@cityofdenton.comViewed: 2/8/2017 2:55:27 PM Contracts Administration SupervisorSigned: 2/8/2017 2:55:39 PM Using IP Address: 129.120.6.150 City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Signer EventsSignatureTimestamp Todd HilemanSent: 2/8/2017 2:55:43 PM todd.hileman@cityofdenton.comViewed: 2/8/2017 4:43:49 PM Security Level: Email, Account Authentication Signed: 2/8/2017 4:44:08 PM (Optional) Using IP Address: 71.170.47.194 Electronic Record and Signature Disclosure: Accepted: 2/8/2017 4:43:49 PM ID: f37795e2-cff9-4c3d-b242-97b334506a6f Jane RichardsonSent: 2/8/2017 4:44:09 PM jane.richardson@cityofdenton.comResent: 2/22/2017 1:27:44 PM Assistant City SecretaryViewed: 2/22/2017 3:36:39 PM City of DentonSigned: 2/23/2017 8:07:43 AM Using IP Address: 129.120.6.150 Security Level: Email, Account Authentication Freeform Signing (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: In Person Signer EventsSignatureTimestamp Editor Delivery EventsStatusTimestamp Agent Delivery EventsStatusTimestamp Intermediary Delivery EventsStatusTimestamp Certified Delivery EventsStatusTimestamp Carbon Copy EventsStatusTimestamp Julia WinkleySent: 2/3/2017 8:25:03 AM julia.winkley@cityofdenton.com Contracts Administration Supervisor City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Sherri ThurmanSent: 2/3/2017 8:25:03 AM sherri.thurman@cityofdenton.comViewed: 2/3/2017 8:26:17 AM Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Jane RichardsonSent: 2/8/2017 2:55:41 PM jane.richardson@cityofdenton.comViewed: 2/9/2017 8:45:06 AM Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Robin FoxSent: 2/8/2017 2:55:41 PM Robin.fox@cityofdenton.com Security Level: Email, Account Authentication (Optional) Carbon Copy EventsStatusTimestamp Electronic Record and Signature Disclosure: Accepted: 10/9/2015 11:39:51 AM ID: 04463961-03db-4c4d-9228-d660d6146ed6 Jennifer BridgesSent: 2/23/2017 8:07:44 AM jennifer.bridges@cityofdenton.com Procurement Assistant City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Michelle CunninghamSent: 2/23/2017 8:07:45 AM michelle.cunningham@cityofdenton.comViewed: 2/23/2017 9:30:03 AM Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Notary EventsTimestamp Envelope Summary EventsStatusTimestamps Envelope SentHashed/Encrypted2/23/2017 8:07:45 AM Certified DeliveredSecurity Checked2/23/2017 8:07:45 AM Signing CompleteSecurity Checked2/23/2017 8:07:45 AM CompletedSecurity Checked2/23/2017 8:07:45 AM Payment EventsStatusTimestamps Electronic Record 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