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HomeMy WebLinkAbout08897 ORDINANCE NO. 8897 AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BY AND BETWEENTHE CITY OF , PUEBLO, A MUNICIPAL CORPORATION AND THE PUEBLO COUNTY SHERIFF’S OFFICE FOR THE PURPOSE OF PARTICIPATING IN A JOINT HIGH-TECH CRIMES UNIT, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Memorandum of Understanding, dated July 27, 2015, between the Pueblo County Sheriff’s Office and the City of Pueblo, a Municipal Corporation, relating to the operation of a joint High Tech Crimes unit, a true copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is hereby authorized to execute the Memorandum of Understanding on behalf of Pueblo, a Municipal Corporation. INTRODUCED: July 13, 2015 BY: Ed Brown PASSED AND APPROVED: July 27, 2015 City Clerk’s Office Item # R-2 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: July 13, 2015 TO: President Steve Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Chief Luis Velez, Police Department SUBJECT: AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BY AND BETWEENTHE CITY OF PUEBLO, A , MUNICIPAL CORPORATION AND THE PUEBLO COUNTY SHERIFF’S OFFICE FOR THE PURPOSE OF PARTICIPATING IN A JOINT HIGH- TECH CRIMES UNIT, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME SUMMARY: Attached is an Ordinance for the approval of a memorandum of understanding between the City of Pueblo, Police Department and the Pueblo County Sheriff’s Office for the purpose of participating in a joint High Tech Crimes unit. PREVIOUS COUNCIL ACTION: There has been no previous council action. BACKGROUND: The Pueblo Police Department and the Pueblo County Sheriff’s Office both operate High Tech Crimes units. These units are staffed by employees that are trained in computer forensics. The creation of a joint High Tech Crimes unit will combine the resources of both agencies in dealing with the investigations involving technologically advanced devices. FINANCIAL IMPLICATIONS: There is no financial impact. BOARD/COMMISSION RECOMMENDATION: N/A STAKEHOLDER PROCESS: N/A ALTERNATIVES: City Council may choose not to participate and this will limit the ability of each agencies High tech crimes unit to assist the other with investigations. RECOMMENDATION: The Police Department recommends approval of the Ordinance. Attachments: Memorandum of Understanding. 10. Nothing in this MOU is intended, nor should it be construed, to create or extend any rights, claims or benefits or assume any liability for or on behalf of any third party, or to waive any immunities or limitations otherwise conferred under or by virtue of federal or state law, including but not limited to the Colorado Governmental Immunity Act, C.R.S. §24-10-101, et sec. 11. All modifications to this MOU shall be made in writing and shall become effective only upon approval of City Council by resolution, approval of the Board of County Commissioners by resolution, and written approval of the Sheriff. No act or omission of any employee of the City or of the County shall constitute a waiver or modification of any term or this MOU, nor stop either Party from asserting or enforcing any term hereof. 12. Except as specifically provided herein, nothing in this MOU shall be deemed to delegate or be construed as the delegation or assignment of power or authority of any Party to another Party. This MOU is expressly made subject to appropriation of funds by the City Council and by the Board of County Commissioners. 13. Nothing contained herein shall authorize any City employee to contract for materials or services on behalf of City unless such authorization has been expressly granted by the City Council of City, or unless the expenditure is one permitted by virtue of a duly adopted budget and is actually made by a person authorized to make such expenditures. 14. All personnel and equipment provided by the Parties pursuant to the provisions of this MOU shall be covered only by the liability, damage, workers' compensation and/or other insurance coverage, if any, of the Party providing same, and such personnel shall, while engaged in the performance of services under this MOU, retain all rights, privileges and immunity of, and be deemed to be engaged in the service and employment of the Party regularly employing such personnel. 15. Unless sooner terminated, the initial term of this MOU shall be from the date of its approval by the City Council, execution by the Sheriff or approval by the Board of County Commissioners, whichever occurs last, until December 31, 2019. Thereafter, this MOU shall automatically renew for an additional five year term unless either party provides the other with written notice of its intent not to renew this MOU at least ninety(90) days prior to the expiration of the initial term. 16. This MOU shall be construed in accordance with the laws of the State of Colorado. 17. The persons signing this Agreement on behalf of each Party represent and warrant that such persons and their respective Party have the requisite power and authority to enter into, execute and deliver this MOU and that this MOU is a valid and legally binding obligation of such Party enforceable against it in accordance with its terms. —3— WHEREOF, the duly authorized representatives of each of the Parties hereto have executed this instrument the date and year first above written. ATTEST: CITY OF PUEBLO, A MUNICIPAL CORPORATION , 111. 11, lillig411111. City t By '...... 'resident of the ity Council APPROVED AS TO FORM: COUNTY OF PUEBLO G - .. . 1-s- v►I.�-tom By City Attorney / Chairman Board of County Commissioners ATTEST: Secretary PUEBLO POLICE CHIEF SHERIFF OF PUEBLO COUNTY 4110P'7 - ' ' 'F C -",ealrr-1 _ Luis Ve --- • •' 'o ice Kirk M. Tay . , Sheriff —4—