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HomeMy WebLinkAbout2016 CON Fiber Brokers International - Police Ballistic Vests Disposal and RecyclingNOTE TO FILE 07-15-2019 IN THE MATTER OF: The 2016 Fiber Brokers International Agreement. Please note the following: NO FULLY EXECUTED ORIGINAL AGREEMENT WAS FILED WITH THE OFFICE OF THE CITY CLERK. ORIGINATING DEPARTMENT: NTF CDC Housing & Economic Development City Attorney Human Resources City Manager MIS Community Svcs. _ Planning Eng/PW X Police Finance Fire TO: 10501 Highway 5 Brent, AL 35034 954-561-8084 Fax:205-316-001 ENROLLMENT, RECEIPT AND DESTRUCTION RECORD ("SBDR") Thankyou for participating in our Secure Ballistic Disposal and Recycling Program. Your participation is subject to our terms and conditions described on the back hereof. By signing this Record, you indicate your acceptance of those terms and conditions. In order to assist us in maintaining a chain of custody over the Products until they are properly destroyed and disposed of, please fill out this form and return it to us with the Products shipment. The following Products are being shipped by you for participation in our SBDR Program: 1. 2. 3. 4. 5. 6. packaged in boxes labeled through packaged in boxes labeled through packaged in boxes labeled through packaged in boxes labeled through packaged in boxes labeled through packaged in boxes labeled through • -Pus c qrr t? t- • 9i3toed • 1- Unless otherwise agreed by the parties, all shipping charges are the responsibility of Customer. The products are shipped via (check one): CUSTOMER: Fiber Brokers ❑ on / / (mm/dd/yyyy) or Common Carrier ❑ on / / (mm/dd/yyyy) (Name of Carrier) (Receipt Number) (Signature) BY: (Name) ITS: (Title) (Customer Name) Proudly serving those that serve the people of the United States, Canada, and Mexico. 10501 Highway 5 Brent, AL 35034 954-561-8084 Fax: 205-316-0001 ACKNOWLEDGEMENT OF RECEIPT The Company hereby acknowledges the receipt of the Products described on the enrollment form attached hereto. The Products were received by the Company on this day of , 20 at the Company's location in Brent, Alabama by [Name] [Title]. FIBER BROKERS INTERNATIONAL, LLC. By: Its: CERTIFICATION OF DESTRUCTION OF PRODUCTS Company hereby represents and certifies to Customer that the Products were destroyed on the day of , 20 . FIBER BROKERS INTERNATIONAL, LLC. By: Its: Proudly serving those that serve the people of the United States, Canada, and Mexico. 10501 Highway 5 Brent, AL 35034 954-561-8084 Fax: 205-316-0001 TERMS AND CONDITIONS OF PARTICIPATION ENGAGEMENT OF COMPANY By shipping the used or spent ballistic products (described on the face hereof) (the "Products") Customer hereby agrees to engage Fiber Brokers, LLC. ("the Company") pursuant to the terms and procedures of the Company's Secure Ballistic Disposal and Recycling Program ("SBDR") and upon the terms and subject to the conditions contained herein. The Company hereby agrees to receive the Products and to dispose of them pursuant to the terms and procedures of SBDP and upon the terms and subject to the conditions herein contained. TRANSFER OF TITLE In consideration for the Company receiving and disposing of the Products, Customer agrees to transfer title to the Products to the Company free and clear of all liens, encumbrances or claims whatsoever. The Company shall accept title to, and assume the risk of loss of, the Products when they are received by the Company at its facility in Brent, Alabama and such receipt is acknowledged by the Company pursuant to this Agreement. Customer shall not receive any additional compensation for the Products. PACKAGING AND SHIPPING Customer hereby agrees to package the Products into boxes labeled pursuant to the Company's instructions and the SBDR and to load and deliver the boxes to the Company's facility in Brent, Alabama. Unless otherwise agreed to in writing by Company, Customer shall be solely responsible for all shipping costs associated with the shipping and delivery of the Products to the Company's facility in Brent, Alabama. REPRESENTATIONS OF CUSTOMER Customer represents and warrants to the Company that (i) Customer has title to the Products free and Gear of all liens, encumbrances or claims whatsoever and was in lawful possession of the Products, at the time they were delivered to Company pursuant to the terms hereby; (ii) Customer has lawful authority to transfer title to the Company; (iii) Customer has taken all the necessary and appropriate actions and procedures under Customer's applicable policies and under all applicable federal, state and local laws and regulations, to dispose of the Products; (iv) Customer has taken all necessary and appropriate action to authorize the disposition and delivery of the Products to the Company; (v) the person/persons executing and delivering this Agreement and all instruments and documents contemplated hereby are authorized to do so on behalf of Customer; and, (vi) the execution, delivery and performance of this Agreement and all instruments and documents contemplated by this Agreement do not and will not require any consent or approval which has not been obtained. GOVERNING LAW AND CHOICE OF FORUM This Agreement shall be interpreted, construed and enforced in accordance with the laws of the state of Alabama. All disputes arising under this Agreement shall be resolved in a court of competent jurisdiction in Brent, Alabama and each party agrees to submit to the personal jurisdiction and proper venue of such court(s). INDEMNIFICATION Each party to this Agreement shall indemnify the other party against any and all losses, damages, liabilities, claims, costs and expenses (including reasonable legal fees) arising directly or indirectly out of: (i) any failure of any representation or warranty of the other party to be correct and complete when made or (ii) any failure by the other party to fully perform and observe obligations and conditions to be performed or observed by that party under this Agreement, whether any such failure is innocent, negligent, or intentional. All rights and remedies under this Section 6 are cumulative and are in addition to all other rights or remedies under this Agreement or any applicable laws. COMPLETE AGREEMENT This Agreement (including its exhibits), contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous discussions, negotiations, representations, or agreements relating to the subject matter of this Agreement. No changes to this Agreement shall be made or be binding on any party unless made in writing and signed by each party to this Agreement. SUCCESSORS This Agreement shall be binding upon, inure to the benefit of, and be enforceable by and against the respective successors and assigns of each party to this Agreement. LEGAL EFFECT Nothing in this Agreement shall confer upon either party any proprietary interest in or subject either party to any liability for the business, assets, profits, losses or obligations of the other. Neither party shall be deemed a partner of, or agent for, the other. The Company and its personnel shall perform all services under this Agreement as an independent contractor, and nothing contained in this Agreement shall be deemed to create any association, partnership, joint venture, or relationship of principal and agent or employer and employee between the Company and its personnel and Customer, or to provide either party with the right, power or authority, whether express or implied, to create any such duty or obligation on behalf of the other party. Proudly serving those that serve the people of the United States, Canada, and Mexico. CITY OF NATIONAL CITY, CALIFORNIA C Q o \ 6 - rd COUNCIL AGENDA STATEMENT MEETING DATE: January 19, 2016 AGENDA ITEM Na 4 ITEM TITLE: Resolution of the City Council of the City of National City to authorize the City Manager to enter into an Enrollment, Receipt, and Destruction agreement with Fiber Brokers International, LLC, which includes a mutual indemnification provision, to properly dispose and recycle expired police ballistic vests at no charge to the City, and authorizing the City Manager to approve all future shipments of expired police ballistic vests with Fiber Brokers International, LLC, under the same terms and conditions of the Enrollment, Receipt, and Destruction agreement. PREPARED BY: Greg Seward, Lieutenant PHONE: (619) 336-4538 EXPLANATION: See Attachment #1. DEPARTMENT: Police APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Approve the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ,TTACHMENTS: Explanation Narrative Fiber Brokers SBDR forms including Terms, Conditions and Participation. c,E,r-',0‘,,v7\0‘,3 moo. rao‘G-'a Attachment #1: The National City Police Department needs to properly dispose and recycle 208 expired police ballistic vests. The Police Department researched and found Fiber Brokers International, LLC, a reputable company that provides this service free of charge to Law Enforcement and Military. The San Diego Police Department uses their service on an on -going basis and highly recommends the company. Fiber Brokers International, LLC requires the requesting agency to enter into an Enrollment, Receipt, and Destruction agreement, which includes a mutual indemnification provision. The Police Department requests that the City Council authorize the City Manager to enter into an Enrollment, Receipt, and Destruction agreement with Fiber Brokers International, LLC, which includes a mutual indemnification provision, to properly dispose and recycle expired police ballistic vests at no charge to the City, and authorizing the City Manager to approve all future shipments of expired police ballistic vests with Fiber Brokers International, LLC, under the same terms and conditions of the Enrollment, Receipt, and Destruction agreement. The City Attorney's Office reviewed the Terms and Conditions and determined that they were legally acceptable. However, the indemnification section requires City Council approval pursuant to Administrative Policy 2.01. TO: 10501 Highway 5 Brent, AL 35034 954-561-8084 Fax: 205-316-001 ENROLLMENT, RECEIPT AND DESTRUCTION RECORD ("SBDR") Thankyou for participating in our Secure Ballistic Disposal and Recycling Program. Your participation is subject to our terms and conditions described on the back hereof. By signing this Record, you indicate your acceptance of those terms and conditions. In order to assist us in maintaining a chain of custody over the Products until they are properly destroyed and disposed of, please fill out this form and return it to us with the Products shipment. The following Products are being shipped by you for participation in our SBDR Program: 1. 2. 3. 4. 5. 6. packaged in boxes labeled through packaged in boxes labeled through packaged in boxes labeled through packaged in boxes labeled through packaged in boxes labeled through packaged in boxes labeled through Unless otherwise agreed by the parties, all shipping charges are the responsibility of Customer. The products are shipped via (check one): CUSTOMER: BY: Fiber Brokers ❑ on / / (mm/dd/yyyy) or Common Carrier ❑ on / / (mm/dd/yyyy) (Name of Carrier) (Receipt Number) (Signature) (Name) ITS: (Title) (Customer Name) Proudly serving those that serve the people of the United States, Canada, and Mexico. 10501 Highway 5 Brent, AL 35034 954-561-8084 Fax: 205-316-0001 ACKNOWLEDGEMENT OF RECEIPT The Company hereby acknowledges the receipt of the Products described on the enrollment form attached hereto. The Products were received by the Company on this day of , 20_ at the Company's location in Brent, Alabama by [Name] [Title]. FIBER BROKERS INTERNATIONAL, LLC. By: Its: CERTIFICATION OF DESTRUCTION OF PRODUCTS Company hereby represents and certifies to Customer that the Products were destroyed on the day of , 20 . FIBER BROKERS INTERNATIONAL, LLC. By: Its: Proudly serving those that serve the people of the United States, Canada, and Mexico. 10501 Highway 5 Brent, AL 35034 954-561-8084 Fax: 205-316-0001 TERMS AND CONDITIONS OF PARTICIPATION ENGAGEMENT OF COMPANY By shipping the used or spent ballistic products (described on the face hereof) (the "Products") Customer hereby agrees to engage Fiber Brokers, LLC. ("the Company") pursuant to the terms and procedures of the Company's Secure Ballistic Disposal and Recycling Program ("SBDR") and upon the terms and subject to the conditions contained herein. The Company hereby agrees to receive the Products and to dispose of them pursuant to the terms and procedures of SBDP and upon the terms and subject to the conditions herein contained. TRANSFER OF TITLE In consideration for the Company receiving and disposing of the Products, Customer agrees to transfer title to the Products to the Company free and dear of all liens, encumbrances or daims whatsoever. The Company shall accept title to, and assume the risk of loss of, the Products when they are received by the Company at its facility in Brent, Alabama and such receipt is acknowledged by the Company pursuant to this Agreement. Customer shall not receive any additional compensation for the Products. PACKAGING AND SHIPPING Customer hereby agrees to package the Products into boxes labeled pursuant to the Company's instructions and the SBDR and to load and deliver the boxes to the Company's facility in Brent, Alabama. Unless otherwise agreed to in writing by Company, Customer shall be solely responsible for all shipping costs associated with the shipping and delivery of the Products to the Company's facility in Brent, Alabama. REPRESENTATIONS OF CUSTOMER Customer represents and warrants to the Company that (i) Customer has title to the Products free and dear of all liens, encumbrances or claims whatsoever and was in lawful possession of the Products, at the time they were delivered to Company pursuant to the terms hereby; (ii) Customer has lawful authority to transfer title to the Company; (iii) Customer has taken all the necessary and appropriate actions and procedures under Customer's applicable policies and under all applicable federal, state and local laws and regulations, to dispose of the Products; (iv) Customer has taken all necessary and appropriate action to authorize the disposition and delivery of the Products to the Company; (v) the person/persons executing and delivering this Agreement and all instruments and documents contemplated hereby are authorized to do so on behalf of Customer; and, (vi) the execution, delivery and performance of this Agreement and all instruments and documents contemplated by this Agreement do not and will not require any consent or approval which has not been obtained. GOVERNING LAW AND CHOICE OF FORUM This Agreement shall be interpreted, construed and enforced in accordance with the laws of the state of Alabama. All disputes arising under this Agreement shall be resolved in a court of competent jurisdiction in Brent, Alabama and each party agrees to submit to the personal jurisdiction and proper venue of such court(s). INDEMNIFICATION Each party to this Agreement shall indemnify the other party against any and all losses, damages, liabilities, claims, costs and expenses (including reasonable legal fees) arising directly or indirectly out of: (i) any failure of any representation or warranty of the other party to be correct and complete when made or (ii) any failure by the other party to fully perform and observe obligations and conditions to be performed or observed by that party under this Agreement, whether any such failure is innocent, negligent, or intentional. All rights and remedies under this Section 6 are cumulative and are in addition to all other rights or remedies under this Agreement or any applicable laws. COMPLETE AGREEMENT This Agreement (including its exhibits), contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous discussions, negotiations, representations, or agreements relating to the subject matter of this Agreement. No changes to this Agreement shall be made or be binding on any party unless made in writing and signed by each party to this Agreement. SUCCESSORS This Agreement shall be binding upon, inure to the benefit of, and be enforceable by and against the respective successors and assigns of each party to this Agreement. LEGAL EFFECT Nothing in this Agreement shall confer upon either party any proprietary interest in or subject either party to any liability for the business, assets, profits, losses or obligations of the other. Neither party shall be deemed a partner of, or agent for, the other. The Company and its personnel shall perform all services under this Agreement as an independent contractor, and nothing contained in this Agreement shall be deemed to create any association, partnership, joint venture, or relationship of prindpal and agent or employer and employee between the Company and its personnel and Customer, or to provide either party with the right, power or authority, whether express or implied, to create any such duty or obligation on behalf of the other party. Proudly serving those that serve the people of the United States, Canada, and Mexico. RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO ENTER INTO AN ENROLLMENT, RECEIPT, AND DESTRUCTION AGREEMENT WITH FIBER BROKERS INTERNATIONAL, LLC, WHICH INCLUDES A MUTUAL INDEMNIFICATION PROVISION, TO PROPERLY DISPOSE AND RECYCLE EXPIRED POLICE BALLISTIC VESTS AT NO CHARGE TO THE CITY, AND AUTHORIZING THE CITY MANAGER TO APPROVE ALL FUTURE SHIPMENTS OF EXPIRED POLICE BALLISTIC VESTS WITH FIBER BROKERS INTERNATIONAL, LLC, UNDER THE SAME TERMS AND CONDITIONS OF THE ENROLLMENT, RECEIPT, AND DESTRUCTION AGREEMENT WHEREAS, the National City Police Department is required to properly dispose of expired police ballistic vests; and WHEREAS, Fiber Brokers International, LLC ("Fiber Brokers") is a reputable company that recycles free of charges to law enforcement agencies and the military; and WHEREAS, Fiber Brokers requires the requesting agency to enter into an Enrollment, Receipt, and Destruction Agreement (the "Agreement"), which includes a mutual indemnification provision; and WHEREAS, the Police Department requests that the City Manager be authorized to approve all future shipments of expired police ballistic vests to Fiber Brokers under the same terms and conditions of the Agreement. NOW, THEREFORE, that the City Council of the City of National City hereby accepts and approves the mutual indemnification provision and all other terms and conditions of the Enrollment, Receipt, and Destruction Agreement with Fiber Brokers International, LLC, to provide disposal and recycling of expired police ballistic vests at no charge to the City. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to execute the Enrollment, Receipt, and Destruction Agreement for current and future shipments of expired ballistic vests to Fiber Brokers International, LLC, under the same terms and conditions. PASSED and ADOPTED this 19th day of January, 2016. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney RESOLUTION NO. 2016 — 2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO ENTER INTO AN ENROLLMENT, RECEIPT, AND DESTRUCTION AGREEMENT WITH FIBER BROKERS INTERNATIONAL, LLC, WHICH INCLUDES A MUTUAL INDEMNIFICATION PROVISION, TO PROPERLY DISPOSE AND RECYCLE EXPIRED POLICE BALLISTIC VESTS AT NO CHARGE TO THE CITY, AND AUTHORIZING THE CITY MANAGER TO APPROVE ALL FUTURE SHIPMENTS OF EXPIRED POLICE BALLISTIC VESTS WITH FIBER BROKERS INTERNATIONAL, LLC, UNDER THE SAME TERMS AND CONDITIONS OF THE ENROLLMENT, RECEIPT, AND DESTRUCTION AGREEMENT WHEREAS, the National City Police Department is required to properly dispose of expired police ballistic vests; and WHEREAS, Fiber Brokers International, LLC ("Fiber Brokers") is a reputable company that recycles free of charges to law enforcement agencies and the military; and WHEREAS, Fiber Brokers requires the requesting agency to enter into an Enrollment, Receipt, and Destruction Agreement (the "Agreement"), which includes a mutual indemnification provision; and WHEREAS, the Police Department requests that the City Manager be authorized to approve all future shipments of expired police ballistic vests to Fiber Brokers under the same terms and conditions of the Agreement. NOW, THEREFORE, that the City Council of the City of National City hereby accepts and approves the mutual indemnification provision and all other terms and conditions of the Enrollment, Receipt, and Destruction Agreement with Fiber Brokers International, LLC, to provide disposal and recycling of expired police ballistic vests at no charge to the City. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to execute the Enrollment, Receipt, and Destruction Agreement for current and future shipments of expired ballistic vests to Fiber Brokers International, LLC, under the same terms and conditions. 4fJ4f1 PASSED and ADOPTED this 19th day of Janua V on Morrison, Mayor ATTEST: APPOVED . TO FORM: Micha I R. Dalla, Cit Clerk audia Gaci City Attorney a Silva Passed and adopted by the Council of the City of National City, California, on January 19, 2016 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California F.t.t;estiA41 k of the City City National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2016-2 of the City of National City, California, passed and adopted by the Council of said City on January 19, 2016. City Clerk of the City of National City, California By: Deputy