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—