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ORDINANCE NO. 9463
AN ORDINANCE APPROVING A MATERIAL & EQUIPMENT
WAIVER AND HOLD HARMLESS AGREEMENT RELATING TO
THE DONATION OF CERTAIN EQUIPMENT FROM THE
GREENWOOD VILLAGE POLICE DEPARTMENT TO THE CITY
OF PUEBLO AND THE PUEBLO POLICE DEPARTMENT, AND
AUTHORIZING THE MAYOR TO EXECUTE SAME
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Material & Equipment Waiver and Hold Harmless Agreement, a copy of which is
attached hereto and made a part hereof by reference after having been approved as to form by
the City Attorney, relating to a donation of equipment from the Greenwood Village Police
Department to the City of Pueblo, a Municipal Corporation, is hereby approved.
SECTION 2.
The Mayor is hereby authorized to execute said Agreement on behalf of the City of Pueblo,
a Municipal Corporation, and the acting City Clerk shall affix the Seal of the City thereto and attest
the same.
SECTION 3.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of this Ordinance and the attached agreement to effectuate the
transactions described therein.
SECTION 4.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on May 13, 2019 .
Final adoption of Ordinance by City Council on May 28, 2019_______________.
President of City Council
Action by the Mayor:
☒
Approved on June 1, 2019 .
☐
Disapproved on based on the following objections:
Mayor
Action by City Council After Disapproval by the Mayor:
☐
Council did not act to override the Mayor's veto.
☐
Ordinance re-adopted on a vote of , on
☐
Council action on __________________failed to override the Mayor’s veto.
President of City Council
ATTEST
Acting Deputy City Clerk
City Clerk’s Office Item # R-5
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: May 13, 2019
TO: President Dennis E. Flores and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Brenda Armijo, Acting City Clerk
FROM: Troy D. Davenport, Chief of Police
SUBJECT: AN ORDINANCE APPROVING A MATERIAL & EQUIPMENT WAIVER AND
HOLD HARMLESS AGREEMENT RELATING TO THE DONATION OF CERTAIN
EQUIPMENT FROM THE GREENWOOD VILLAGE POLICE DEPARTMENT TO
THE CITY OF PUEBLO AND THE PUEBLO POLICE DEPARTMENT, AND
AUTHORIZING THE MAYOR TO EXECUTE SAME
SUMMARY:
This Ordinance approves an Agreement with the Greenwood Village Police Department to accept
the donation of equipment for the Pueblo Police Department (“PPD”) SWAT team.
PREVIOUS COUNCIL ACTION:
City Council has routinely approved both the donation to and receipt of donated items from other
agencies.
BACKGROUND
This agreement with the Greenwood Village Police Department is for the donation of surplus
equipment from Greenwood Village to the Pueblo Police Department. Greenwood Village will
donate various items of cold weather gear, including parkas and trousers, field packs, and five
ballistic shields. The shields will increase the team’s capability to protect citizens and officers
during high risk situations. The field packs will be used to store equipment and supplies in a readily
accessible manner. The cold weather gear will potentially improve officer performance during
extended cold weather operations.
FINANCIAL IMPLICATIONS:
None. The property is being donated free of charge and will result in the PPD being able to use
department funds for other purposes.
BOARD/COMMISSION RECOMMENDATION:
None.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
If City Council does not approve this Ordinance, the equipment will not be donated.
RECOMMENDATION
The PPD recommends the approval of this Ordinance.
Attachment:
Material & Equipment Waiver and Hold Harmless Agreement
MATERIAL & EQUIPMENT
WAIVER& HOLD HARMLESS AGREEMENT
This Hold Harmless Agreement ("Agreement") is entered into by and between the City of
Greenwood Village Police Department, and the City of Pueblo, a Municipal Corporation, on
behalf of its Police Department.
It is agreed and understood by signature below that the following statements apply to the items
transferred, given away, or are in any other manner received from the Greenwood Village Police
Department further described in the attached list:
1. Any and all items are received"as is."
2. Without exception, the Greenwood Village Police Department does not warranty any
item regardless of its condition, nature of application, usefulness or longevity, and
some of the items may be unsafe.
3. I understand that the Greenwood Village Police Department disclaims and makes no
warranty of any nature as to any item it transfers to me, nor does the Greenwood
Village Police Department warrant or represent their fitness for any particular
purpose.
4. I specifically waive, release, indemnify and hold the Greenwood Village Police
Department, its agents and employees harmless from any claim of any nature
whatsoever for liability, personal or bodily injury, loss of life, property damage, or
harm that may be brought by me, my heirs, representatives, successors, customers,
transferees, or any government agency, for any such liability, injury, damage, or harm
arising out of my, my agents, or employees use/misuse or transfer to another of the
items I received from Greenwood Village Police Department.
5. This Agreement shall be interpreted under the laws of the state of Colorado. The
Greenwood Village Police Department, its officers, and its employees, are relying on,
and do not waive or intend to waive by any provision of this Agreement, the
monetary limitations (presently three hundred fifty thousand dollars ($350,000) per
person and nine hundred ninety thousand dollars ($990,000) per occurrence) or any
other rights, immunities, and protections provided by the Colorado Governmental
Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the
City and its officers or employees.
I have read and fully understand the statements made above and acknowledge the conditions under
which the item(s) is/are being received and have full authority to do so.
Signed: 94A.,44/
Print Name: Aidg0/f' atit?od(5W+
Date: //� e !J�
MATERIAL & EQUIPMENT LIST
Cold Weather Gear, (PARKA/TROUSERS EXTREME COLD)
NSN
8415015386300
8415015386704
8415015386289
8415015386019
FIELD PACKS, (LARGE/SMALL PACKS)
NSN
8465015158629
8465015158615
Ballistic Shields
United Roller Shield, lot#1112/46, serial #001, LVL 4, Manu Date, 03/2013
Qty (2) Diamond shields, lot# 62455,serial #1356803, LVL 3A Manu Date, 11/2013
lot# 57669,serial # 1327344, LVL, 3A, Manu Date, 12/2012
Pro Tech Shield, Lot# SS35, serial #, 0104INT165, LVL 3A, Manu Date, 04/2001
Pro Tech Shield, Lot# SS35, serial # 0104INT164, LVL 3A, Manu Date, 04/2001