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ORDINANCE NO. 9584
AN ORDINANCE APPROVING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND THE STATE OF COLORADO
DEPARTMENT OF HIGHER EDUCATION AND BOARD OF
COMMUNITY COLLEGES ON BEHALF OF PUEBLO
COMMUNITY COLLEGE FOR THE MANUFACTURE OF A BODY
CAMERA ATTACHMENT TO BE USED BY POLICE OFFICERS
WHEREAS, the City Council of Pueblo has the authority on behalf of the City of Pueblo,
including its Police Department, to approve and enter into Agreements; and
WHEREAS, approval of the Agreement for the purposes for which it has been made is in
the best interest of the City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Memorandum of Understanding by and between the City of Pueblo, a Municipal
Corporation, and the State of Colorado Department of Higher Education, Board of Community
Colleges relating to the manufacture of a body-worn camera attachment to be used by the Pueblo
Police Department, having been approved as to form by the City Attorney, is hereby approved.
SECTION 2.
The Mayor is authorized to execute and deliver the Agreement in the name of the City and
the City Clerk is directed to affix the seal of the City thereto and attest 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 Agreement to implement the policies and
procedures 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 October 15, 2019.
Final adoption of Ordinance by City Council on October 28, 2019 .
President of City Council
Action by the Mayor:
☒
Approved on November 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
City Clerk
City Clerk’s Office Item #
R-12
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE:
October 15, 2019
TO:
President Dennis E. Flores and Members of City Council
CC:
Mayor Nicholas A. Gradisar
VIA:
Brenda Armijo, City Clerk
FROM:
Troy D. Davenport – Chief of Police
Franklyn Ortega – Police Sergeant
SUBJECT:
AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE
STATE OF COLORADO DEPARTMENT OF HIGHER EDUCATION AND
BOARD OF COMMUNITY COLLEGES ON BEHALF OF PUEBLO COMMUNITY
COLLEGE FOR THE MANUFACTURE OF A BODY CAMERA ATTACHMENT
TO BE USED BY POLICE OFFICERS
SUMMARY:
Attached is an Ordinance approving and authorizing the Mayor to sign a Memorandum of
Understanding between the City and the State of Colorado Department of Higher Education to
allow Pueblo Community College (“PCC”)to manufacture an attachment for Police Body Cameras
that will enhance the utilization of the equipment for police officers.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
Officer Franklyn Ortega with the Pueblo Police Department provided PCC with a design idea for
the ability to view dark, enclosed, high and low areas utilizing an attachment to body cameras.
The MOU will allow PCC to provide the necessary resources, funds, materials, expertise, and
equipment needed to design a more effective and efficient prototype that would work for this
purpose using 3d modeling, additive manufacturing, and machining.
The CHAMP (Colorado Helps Advanced Manufacturing Program) Department, STEM (Science,
Technology, Engineering, Math) Department, and Machining Department at PCC all agreed to
collaborate on this process to provide real-world learning experiences for STEM students. The
process will require STEM students and department heads to meet with Sergeant Ortega on a
regular basis to develop a prototype that will fit the Pueblo Police Department needs.
Upon completion of design process, the Pueblo Police Department is requesting 100 units of the
prototype to be manufactured so that every PPD officer’s vehicle will be equipped with one of
these devices.
FINANCIAL IMPLICATIONS:
The costs associated with making the body camera attachment will be covered by Pueblo
Community College.
BOARD/COMMISSION RECOMMENDATION:
None.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
If this Ordinance is not approved, the body camera attachment will not be manufactured or issued
to Pueblo Police Department officers to be used as a safety and security device.
RECOMMENDATION:
Approval of the Ordinance.
Attachments: Memorandum of Understanding
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE STATE OF COLORADO, DEPARTMENT OF HIGHER EDUCATION, STATE
BOARD FOR COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION
FOR THE USE AND BENEFIT OF PUEBLO COMMUNITY COLLEGE
AND
PUEBLO POLICE DEPARTMENT
THIS MEMORANDUM OF UNDERSTANDING (this "Agreement") is made by and between The
State of Colorado, Department of Higher Education, State Board for Community Colleges and
Occupational Education for the use and benefit of Pueblo Community College(the "College")and
the City of Pueblo, a Municipal Corporation (the "City"), for the benefit of the Pueblo Police
Department, located at 200 S. Main Street, Pueblo,CO 81 003 ("PPD"). College and City are sometimes
referred to herein individually as a"party"and collectively as the "parties."
WHEREAS, Sergeant Franklyn Ortega with the PPD provided PCC with a design idea for the ability
to view dark, enclosed, high and low areas utilizing an attachment to his body cam;
WHEREAS, PPD wanted PCC to provide the necessary resources, funds, materials, expertise, and
equipment, needed to design a more effective and efficient prototype that would work for this purpose
using 3d modeling, additive manufacturing, and machining;
WHEREAS, the CHAMP Department, STEM Department, and Machining Department at PCC all
agreed to collaborate on this process to provide real-world learning experiences for STEM students, so
STEM students and department heads met with Sergeant Ortega on a regular basis to develop a prototype
that would fit the PPD needs;
WHEREAS, Upon completion of design process, the PPD is requesting 100 units of the prototype(the
"Product")be manufactured to equip every PPD officer's vehicle with one of the devices;
NOW,THEREFORE,in consideration of the mutual covenants,terms and conditions contained in this
Agreement,the parties hereby agree as follows:
ARTICLE 1.TERM.
A. This Agreement shall become effective upon signature by the authorized officials from PCC and
City and will remain in effect until the completion and delivery of the Product(the"Term"), unless
earlier modified or terminated by the parties.
ARTICLE 2. COLLEGE'S OBLIGATIONS.
A. Product: Manufacture 100 units of the Product and deliver to City for use by PPD officers.
B. Knowledge: PCC STEM students and department heads of STEM, CHAMP, and Machining agree
to meet on a regular basis with PPD Sergeant Ortega and provide expertise on 3d modeling,additive
manufacturing, and machining to manufacture the Product.
C. Materials: PCC STEM Center will provide electronics and 3d print material to manufacture the
Product, including printing filament, LED's, wire, solder, screws, reflective material, switches,
resisters, PCB's and batteries.
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D. Equipment Use: PCC STEM Center will provide the use of equipment by PCC students for Product
production. This includes 3d printers, 3d modeling software, soldering irons and electronics. The
machining department will provide machine time and metal tooling equipment for PCC students to
use to produce the Product.
E. Time: PCC will allow students and student work-studies, as well as faculty, and staff to provide
time, when available, to this project. The time commitment will continue until completion of the
Product.
F. Recordkeeping: PCC will maintain all documents, papers, accounting records and other evidence
pertaining to the tasks under this Agreement. This material can be made available for inspection by
City at reasonable times at the office of PCC during the Term of this Agreement.
ARTICLE 3. PPD'S OBLIGATIONS.
A. Educational Experience: PPD Sergeant Ortega agrees to communicate on a regular basis with PCC
STEM students and department heads of STEM, CHAMP, and Machining to provide feedback and
input on the Product and the manufacturing process in order to provide an educational experience
for PCC students.
B. Funding and Development: Any further funding and development of the Product beyond the initial
manufacture and delivery of 100 units is the responsibility of City, subject to the limitation in
paragraph 7(D).
ARTICLE 4. COMPENSATION.
A. PCC will provide 100 units of the Product at no cost to City. However, City understands that this
Agreement does not guarantee the delivery of the Product as the Agreement may be canceled at any
time.
B. Compensation for provision of Product beyond the 100 units contemplated herein will be subject to
a separate agreement of the parties.
ARTICLE 5. OWNERSHIP AND PUBLICITY.
A. The parties acknowledge the subject matter of this Agreement may involve scientific and
technological innovations in which the Sergeant Franklyn Ortega has proprietary interest.
B. No press release, nor any other written statements, in connection with work performed under this
Agreement shall be made by either party without the other party's consent, which shall not
unreasonably be withheld. In any such statements, the parties shall describe the scope and nature of
their participation accurately and appropriately.
ARTICLE 6. TERMINATION.
A. Either party may at any time terminate this Agreement or renewal thereof, with or without cause
and without penalty, by giving at least thirty (30) days prior notice.
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B. Upon the termination of this Agreement by either party, PCC shall provide all finished product to
PPD, but is no longer obligated to manufacture any further Product.
ARTICLE 7. MISCELLANEOUS.
A. Assignment. The parties' rights and obligations under this Agreement are personal and may not be
transferred or assigned by one party without the prior,written consent of the other party.Any attempt
at assignment or transfer without such consent shall be void.
B. Choice of Law; Venue. Colorado law, and rules and regulations issued pursuant thereto, shall be
applied in the interpretation,execution,and enforcement of this Agreement. Any provision included
or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be
null and void. Any provision rendered null and void by the operation of this provision shall not
invalidate the remainder of this Agreement, to the extent capable of execution. All suits or actions
related to this Agreement shall be filed and proceedings held in the State of Colorado and exclusive
venue shall be in the County of Pueblo.
C. Governmental Immunity. Notwithstanding any other provision of this Agreement to the contrary,
no term or condition of this Agreement shall be construed or interpreted as a waiver, express or
implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado
Governmental Immunity Act, § 24-10-101, et seq., C.R.S., as now or hereafter amended by either
Party. The Parties understand and agree that liability for claims for injuries to persons or property
arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards,
officials and employees is controlled and limited by the provisions of§ 24-10-101, et seq., C.R.S.,
as now or hereafter amended and the risk management statutes, §§ 24-30-1501, et seq., C.R.S., as
now or hereafter amended.
D. No Multi-Year Fiscal Obligation on City. This Agreement is expressly made subject to the
limitations of the Colorado Constitution. Nothing herein shall constitute, nor deemed to
constitute, the creation of a debt or multi-year fiscal obligation or an obligation of future
appropriations by the City Council of Pueblo, contrary to Article X, § 20 Colorado
Constitution or any other constitutional, statutory or charter debt limitation.
Notwithstanding any other provision of this Agreement, with respect to any financial
obligation of the City which may arise under this Agreement in any fiscal year, in the event
the budget or other means of appropriations for any such year fails to provide funds in
sufficient amounts to discharge such obligation, such failure shall not constitute a default or
breach of this Agreement, including any sub-agreement, attachment, schedule, or exhibit
thereto, by the City.
E. No Warranties. To the extent permitted by law, PCC makes no warranties, express, implied or
statutory,and expressly disclaims any implied warranties of merchantability, fitness for a particular
purpose, satisfactory quality or arising from a course of dealing, usage or trade practice.
F. No Joint Venture. Each party shall retain complete control and jurisdiction over its programs, and
nothing in the execution of this Agreement or in its performance shall be construed to establish a
joint venture of the parties hereto.
G. Severability. The invalidity or unenforceability of any provision of this Agreement shall not affect
the validity or enforceability of any other provision of this Agreement, which shall remain in full
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force and effect, provided that the Parties can continue to perform their obligations under this
Agreement in accordance with the intent of the Agreement.
H. Survival of Certain Terms. Any provision of this Agreement that imposes an obligation on a party
after termination or expiration of this Agreement shall survive the termination or expiration of this
Agreement and shall be enforceable by the other party.
I. Third Party Beneficiaries. This Agreement does not and is not intended to confer any rights or
remedies upon any person or entity other than the parties. Enforcement of this Agreement and all
rights and obligations hereunder are reserved solely to the parties. Any services or benefits which
third parties receive as a result of this Agreement are incidental to the Agreement, and do not create
any rights for such third parties.
J. Waiver. A party's failure or delay in exercising any right, power,or privilege under this Agreement,
whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or
partial exercise of any right, power,or privilege preclude any other or further exercise of such right,
power, or privilege.
K. Anti-Discrimination. The parties will not discriminate against any employee or applicant due to
race, color, religion, gender, or national origin, and in this regard, they will comply with all
applicable federal and state employment laws, rules and regulations, including the Americans with
Disabilities Act.
L. Independent Contractor. The parties shall perform their duties hereunder as independent contractors
and neither party's employees or agents shall be considered employees or agents of the other party.
Accordingly, employees of one party shall not be entitled to employee benefits normally provided
to bona fide employees of the other party.
M. Notices. All notices required or permitted under this Agreement must be in writing and delivered
to the designated representatives listed below:
To COLLEGE: Dr. Patty Erjavec, President
Address 900 West Orman Ave, Pueblo CO, 81004
Telephone 719-549-3336
E-mail patrcia.erjavec(q%pueblocc.edu
To PPD: Franklyn Ortega, Sergeant
Pueblo Police Department
200 South Main Street, Pueblo Colorado 81003
Telephone 719-553-2411
E-mail fortega(pueblo.us
N. Counterparts. This Agreement may be executed (including, without limitation, by facsimile
signature, email or other form of written electronic transmission) in one or more counterparts, with
the same effect as if the parties had signed the same document. Each counterpart so executed shall
be deemed to be an original,and all such counterparts shall be construed together and shall constitute
one Agreement.
O. Force Majeure. Neither party shall be liable to the other party for the non-operation of facilities or
for the non-operation or non-performance of its obligations if such non-operation or non-
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performance is due to an act of God (including extreme weather and meteorological occurrences),
inevitable accident, act of government or governmental instrumentality or agency, lockout, strike,
or other labor dispute, riot or civil commotion, major technological failures, including without
limitation satellite or power source interruptions, acts of war or terrorism, acts of cyberterrorism, or
other cause(financial inability excepted) beyond such party's reasonable control.
P. Entire Agreement. This Agreement constitutes the entire agreement and understanding of the parties
with respect to the subject matter hereof and supersedes any and all previous agreements of whatever
nature between the parties. This Agreement may not be altered or amended except by an agreement
in writing signed by both parties.
Q. Modification and Amendment. This Agreement is subject to such modifications as may be required
by changes in federal or State law, or their implementing regulations. Any such required
modification shall automatically be incorporated into and be part of this Agreement on the effective
date of such change as if fully set forth herein. Except as provided above, no modification of this
Agreement shall be effective unless agreed to in writing by both Parties in an amendment that is
properly executed and approved in accordance with applicable law.
R. Authority. Each party represents and warrants to the other that the execution and delivery of this
Agreement and the performance of such party's obligations have been duly authorized.
[Remainder of page intentionally left blank.]
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE STATE OF COLORADO, DEPARTMENT OF HIGHER EDUCATION, STATE
BOARD FOR COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION
FOR THE USE AND BENEFIT OF PUEBLO COMMUNITY COLLEGE
AND
PUEBLO POLICE DEPARTMENT
CITY OF PUEBLO STATE OF'COLORADO
Department of Higher Education
State Board for Community Colleges and Occupational
Education
For the use and benefit of
Pueblo Community College
By: i� ► _ By: G)G_ cam. u,D
Name: Nicholas A. Gra sar, Mayor Dr. Patricia Ervec, President
Date:
�� �d/ Date:
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