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HomeMy WebLinkAbout09834ORDINANCE NO. 9834 AN ORDINANCE APPROVING A CSPD EQUIPMENT DONATION AGREEMENT RELATING TO THE DONATION OF CERTAIN EQUIPMENT FROM THE COLORADO SPRINGS 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 CSPD Equipment Donation 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 Colorado Springs 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 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 November 23, 2020 . Final adoption of Ordinance by City Council on December 14, 2020 . President of City Council Action by the Mayor: ☒ Approved on December 16, 2020 . ☐ 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-3 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: November 23, 2020 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Troy Davenport, Chief of Police SUBJECT: AN ORDINANCE APPROVING A CSPD EQUIPMENT DONATION AGREEMENT RELATING TO THE DONATION OF CERTAIN EQUIPMENT FROM THE COLORADO SPRINGS 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 Colorado Springs Police Department for the donation of equipment to the Pueblo Police Department (“PPD”). 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 Colorado Springs Police Department is for the donation of surplus equipment from Colorado Springs to the Pueblo Police Department. Colorado Springs will donate twenty-five sets of active shooter armor to include vest carriers with miscellaneous pockets, ballistic armor, and ballistic helmets. This equipment is needed by the PPD because this level of protection will provide extra ballistic protection for our officers in the event of an active shooter or other serious incident. 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: CSPD Equipment Donation Agreement CSPD EQUIPMENT DONATION AGREEMENT This Equipment Donation Agreement ("Agreement") is entered into by and between the City of Colorado Springs, by and through its Colorado Springs Police Department ("CSPD"), and the City of Pueblo,a Municipal Corporation,on behalf of its Police Department("Donee"). The purpose of this Agreement is to facilitate the donation of used police equipment from CSPD to the Donee. It is agreed and understood by the Donee that the following statements apply to the items transferred, given away, or are in any other manner received from CSPD as further described in Attachment A: 1. Any and all items are received "as is." 2. The Donee acknowledges that donated gear and equipment is in used condition and may no longer conform to express or implied warranties provided by the original manufacturer. The Donee specifically agrees that the City, CSPD and individual employees and agents of CSPD disclaims and makes no warranty of any nature regarding usefulness, safety, fitness for any particular purpose, or currency of the equipment. The Donee expressly releases and agrees to the extent permitted by Colorado law to indemnify and hold harmless the City, CSPD, its officers, agents, and employees, for any liability or claim arising in connection with the use of the donated equipment. 3. Donee agrees to inform all its employees, volunteers, or agents using the donated equipment of the age and used condition of the donated equipment and must ensure that those using the donated equipment understand the age and condition of the donated equipment and acknowledge the risks associated with its use. 4. This Agreement shall be interpreted under the laws of the state of Colorado. CSPD, 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 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, CSPD and its officers, employees, and volunteers. On behalf of the City of Pueblo, 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. XeddeX4•4*; Dated:/a—fiv Nicholas Gradisar, Mayor Attachment A List of donated equipment including all applicable equipment identification numbers and total amounts of each item. (25) Magazine Pouches(no associated serial numbers) (25) Pouches(no associated serial numbers) (25) Body Armor Vest Carriers(no associated serial numbers) (25)Point Blank Paraclete Helmets-Serial numbers listed 1. M-V783664 14. L-V744334 2. M-V779888 15. L-V713206 3. M-V779869 16. L-V721436 4. L-V713221 17. L-V744188 5. L-V744178 18. L-V735976 6. L-V737859 19. L-V737792 7. L-V718072 20. L-V776854 8. L-V721450 21. L-V721471 9. L-V744546 22. L-V733737 10. L-V718073 23. L-V736458 11. L-V744087 24. X-V412317 12. L-V740132 25. X-V41227 13. L-V744365 (50) Point Blank Body Armor Paraclete plates-Serial numbers listed 1. 160000359627 28. 160000353274 2. 160000716774 29. 150000507451 3. 160000717039 30. 160000266699 4. 160000716096 31. 150000784488 5. 160000716068 32. 150000784479 6. 160000359610 33. 160000266731 7. 160000716220 34. 150000784494 8. 160000716299 35. 150000784475 9. 160000266715 36. 160000267043 10. 160000597852 37. 160000612701 11. 160000359605 38. 160000352399 12. 150000507435 39. 150000289103 13. 150000157633 40. 160000266662 14. 150000507422 41. 150000507437 15. 150000784487 42. 160000352501 16. 150000507438 43. 160000716120 17. 150000784496 44. 160000353238 18. 160000624222 45. 160000352532 19. 160000359598 46. 160000352506 20. 160000359606 47. 160000352505 21. 160000266659 48. 160000352511 22. 160000716201 49. 160000352535 23. 150000507440 50. 160000352429 24. 160000266711 25. 150000520112 26. 160000266705 27. 150000507450 CSPD EQUIPMENT DONATION AGREEMENT This Equipment Donation Agreement ("Agreement") is entered into by and between the City of Colorado Springs, by and through its Colorado Springs Police Department ("CSPD"), and the City of Pueblo,a Municipal Corporation,on behalf of its Police Department("Donee"). The purpose of this Agreement is to facilitate the donation of used police equipment from CSPD to the Donee. It is agreed and understood by the Donee that the following statements apply to the items transferred, given away, or are in any other manner received from CSPD as further described in Attachment A: 1. Any and all items are received "as is." 2. The Donee acknowledges that donated gear and equipment is in used condition and may no longer conform to express or implied warranties provided by the original manufacturer. The Donee specifically agrees that the City, CSPD and individual employees and agents of CSPD disclaims and makes no warranty of any nature regarding usefulness, safety, fitness for any particular purpose, or currency of the equipment. The Donee expressly releases and agrees to the extent permitted by Colorado law to indemnify and hold harmless the City, CSPD, its officers, agents, and employees, for any liability or claim arising in connection with the use of the donated equipment. 3. Donee agrees to inform all its employees, volunteers, or agents using the donated equipment of the age and used condition of the donated equipment and must ensure that those using the donated equipment understand the age and condition of the donated equipment and acknowledge the risks associated with its use. 4. This Agreement shall be interpreted under the laws of the state of Colorado. CSPD, 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 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, CSPD and its officers, employees, and volunteers. On behalf of the City of Pueblo, 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. 740144terf‘ .16,61447 Dated: Ag Nicholas Gradisar, Mayor Attachment A List of donated equipment including all applicable equipment identification numbers and total amounts of each item. (25)Magazine Pouches(no associated serial numbers) (25) Pouches(no associated serial numbers) (25) Body Armor Vest Carriers(no associated serial numbers) (25)Point Blank Paraclete Helmets-Serial numbers listed 1. M-V783664 14. L-V744334 2. M-V779888 15. L-V713206 3. M-V779869 16. L-V721436 4. L-V713221 17. L-V744188 5. L-V744178 18. L-V735976 6. L-V737859 19. L-V737792 7. L-V718072 20. L-V776854 8. L-V721450 21. L-V721471 9. L-V744546 22. L-V733737 10. L-V718073 23. L-V736458 11. L-V744087 24. X-V412317 12. L-V740132 25. X-V41227 13. L-V744365 (50) Point Blank Body Armor Paraclete plates-Serial numbers listed 1. 160000359627 28. 160000353274 2. 160000716774 29. 150000507451 3. 160000717039 30. 160000266699 4. 160000716096 31. 150000784488 5. 160000716068 32. 150000784479 6. 160000359610 33. 160000266731 7. 160000716220 34. 150000784494 8. 160000716299 35. 150000784475 9. 160000266715 36. 160000267043 10. 160000597852 37. 160000612701 11. 160000359605 38. 160000352399 12. 150000507435 39. 150000289103 13. 150000157633 40. 160000266662 14. 150000507422 41. 150000507437 15. 150000784487 42. 160000352501 16. 150000507438 43. 160000716120 17. 150000784496 44. 160000353238 18. 160000624222 45. 160000352532 19. 160000359598 46. 160000352506 20. 160000359606 47. 160000352505 21. 160000266659 48. 160000352511 22. 160000716201 49. 160000352535 23. 150000507440 50. 160000352429 24. 160000266711 25. 150000520112 26. 160000266705 27. 150000507450