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Protech Ballistic Shields - PBSO to OPDDONATION AGREEMENT This Agreement is made effective as of the last date executed by the parties and is made by and between, Ric L. Bradshaw, Sheriff of Palm Beach County, Florida ("Sheriff") and the City of Okeechobee Police Department, hereinafter referred to as the "OPD" . WHEREAS, the Sheriff owns certain ballistic material (the "property") which has expired, is surplus and/or serves no useful function to the Sheriff, and WHEREAS, OPD has requested the donation of this property. IT IS HEREBY AGREED as follows: 1. The Sheriff hereby transfers, assigns and conveys to OPD all right, title and interest in and to: Two (2) Protech Ballistic Shields (the "property"), as set forth on Attachment A, and OPD accepts the property donated to them by the Sheriff. 2. The property is being conveyed as is and is being donated to be used by OPD in their law enforcement operations. OPD understands that the ballistic material has expired according to the manufacturers' expiration date, is no longer covered by the manufacturer's warranty and that the Sheriff makes no representations or guarantees about the condition or useful life of the property. 3. Upon such transfer and acceptance, OPD will assume sole responsibility for this property on the same basis as any other property owned by OPD and the Sheriff is relieved of any and all responsibilities or obligations with regard to this property. 4. OPD understands and acknowledges that the use of the property presents certain risks and that it is solely responsible to ensure all necessary safety precautions and procedures are taken in connection with the use of the property. 5. To the extent and limits provided in Florida Statutes, Section 768.28, OPD shall indemnify and hold the Sheriff harmless from any and all claims, causes of action, liabilities, expenses, losses, costs, and damages, including attorney's fees, which may arise by reason of OPD's use of the donated property. Under no circumstances will the Sheriff be liable to OPD or any other person or entity, for any direct, indirect, incidental, special or consequential damages arising out of or related to this donation or the subsequent use of the property. 6. OPD agrees that it will only use the property as stated in this agreement and that it will not further transfer this property to any other entity except in accordance with the law. PALM BEACH COU RIFF'S OFFICE CITY OFA CHOB ICE DEPARTMENT sha , Sheriff, or his designee e: L�CT>- jg--y e Date: P - .MEMORANDUM To: Mayor and City Council Members From: Marcos Montes De Oca, Administrator i Subject: October 17, 2017 Agenda Additional Item Date: October 11, 2017 Please add the following item to the October 17, 2017 City Council Regular Meeting Agenda: V.B. Acceptance of ballistic shields from Palm Beach County Sheriff's Office — City Administrator