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HomeMy WebLinkAbout09584 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. Page 1 of6 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. Page 2 of6 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 Page 3 o f 6 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- Page 4of6 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.] Page 5of6 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: Page 6 of6