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