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HomeMy WebLinkAbout09463 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