The URL can be used to link to this page

Home My WebLink About10346 ORDINANCE NO. 10346 AN ORDINANCE APPROVING AND AUTHORIZING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE PUEBLO COUNTY SHERIFF'S OFFICE, REGARDING THE USE OF A FARO 3D CSI CAMERA SYSTEM, AND RATIFYING THE MAYOR'S SIGNATURE THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Memorandum of Understanding (“MOU”) by and between the City of Pueblo, a Municipal Corporation, and Pueblo County, Colorado through its Sheriff’s Office, relating to the use of a FARO 3D CSI camera system, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Mayor’s execution of the MOU is hereby ratified on behalf 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 authorized to perform any and all acts consistent with the intent of this Ordinance and the attached MOU to implement 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 14, 2022. Final adoption of Ordinance by City Council on November 28, 2022 . President of City Council Action by the Mayor: ☒ Approved on December 5, 2022 . □ 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 # R20 Background Paper for Proposed Ordinance November 14, 2022 COUNCIL MEETING DATE: TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Chris Noeller, Chief of Police SUBJECT: AN ORDINANCE APPROVING AND AUTHORIZING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE PUEBLO COUNTY SHERIFF'S OFFICE, REGARDING THE USE OF A FARO 3D CSI CAMERA SYSTEM, AND RATIFYING THE MAYOR'S SIGNATURE THEREOF SUMMARY: Attached is an Ordinance approving and authorizing a Memorandum of Understanding (“MOU”) with the Pueblo County Sheriff’s Office for the use of a 3D FARO scanner. PREVIOUS COUNCIL ACTION: Not applicable to this Ordinance. BACKGROUND: Per the MOU, a 3D FARO scanner will be borrowed as needed from the Pueblo County Sheriff’s Office. This camera system can quickly capture and digitize every detail of a crime scene, including the structural and positional details of a scene, for thorough investigation, reconstruction, and legal prosecution, providing the “CSI effect” that today’s juries expect. Pursuant to a related Colorado Justice Assistance Grant, immediate signature of the MOU was needed so that the Pueblo Police Department could obtain grant funding. FINANCIAL IMPLICATIONS: The City will not need to pay for use of the 3D FARO scanner, although it may be liable for damage to the machine caused by any City negligence. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If this Ordinance is not approved, City law enforcement will be forced to use the camera technology only when the Pueblo County Sheriff’s office has staff available to operate the camera. This adds significant time to processing a crime scene. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: 1. Signed MOU County and City for FARO MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERS"t'ANDING ("MOLJ") is made and entered into this 10 day of October 2022, by and between Pueblo County, Colorado through its Sheriff's Office ("PCSO") and the City of Pueblo and its Pueblo Police Department ("PPD"). WITNESSETH: WHEREAS, the Colorado Department of Public Safety, Division of Criminal Justice distributes funds to local governments to enhance their ability to protect public safety and investigate and prosecute crime; and WHEREAS, Pueblo County Sheriff's Office was awarded 2019 JAG funding to purchase a 3D FARO Scanner; and WHEREAS, PCSO agrees to allow PPI) the use of PCSO's 31) FARO Scanner for crime scene investigation; and WHEREAS,the Parties desire to enter into an Agreement to set forth their respective duties and responsibilities regarding the lending and usage of the 3D FARO Scanner in furtherance of public safety in Pueblo County. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises contained herein, the parties agree as follows: I. PROPERTY: County hereby allows PPD the use of the following described property: (One) 3D FARO Scanner("Scanner"). Title to the property shall remain with PCSO,and the property shall be stored in the custody of PCSO at all times, unless checked out by PPD as further described below. II. OBLIGATIONS OF PPD: A. Only trained personnel, as approved by the PCSO, shall use the Scanner when it is in PPD's possession. B. PPD shall request the use of the Scanner from the appropriate PCSO representative and shall indicate anticipated duration of its use. Unless otherwise designated by the Sheriff, the PCSO representative shall be Captain Shelley Bryant. C. Once approved, PPD shall take possession of the Scanner for the period of time designated in advance by the PPI). If the PPI) requires additional time, it shall request an extension from the PCSO representative, who shall permit reasonable extensions when feasible. D. PPD shall maintain reasonable security' of the Scanner when it is in its possession. E. After the approved period of use, PPI) shall return the Scanner to PCSO for storage. F. PPD shall be liable for any damage to or loss of the Scanner occurring while it is in control of the Scanner, if the damage or loss is caused by a negligent act of the PPD. PPD shall not be liable for damage to the Scanner caused by third party negligence, intentional tort, or criminal act, nor for damage caused while the Scanner is under the control of PCSO. Ill. OBLIGATIONS OF PCSO A. PCSO shall make the Scanner available to PPE) upon receipt of a request made under Section II.B. above when the Scanner is not otherwise scheduled for use, repair, service or is otherwise unavailable for good cause as determined by the PCSO representative. B. PCSO will retain ownership and title of the equipment. C. PCSO shall designate an authorized representative to grant requests, approve trained PPD personnel, and to ensure compliance with this MOU. IV. ROUTINE MAINTANCE: PCSO shall pay for the routine maintenance of the Scanner. Routine maintenance does not include repairs for specific incidents of damage or costs relating to loss. PCSO makes no guarantee or warranty to PPD as to the functionality or condition of the Scanner and further makes no representation as to the duration of time in which the PSCO will continue to possess Scanner. V. TERM/TERMINATION: Unless sooner terminated as provided herein, the term of this MOL shall commence on October 10, 2022 and shall continue on a month-to-month basis until such time as a party decides to terminate this agreement. Either party hereto may terminate this Agreement at any time and for any reason by giving thirty (30) days prior written notice to the other party. Additionally, if PPD fails to perform any of the conditions of this Agreement, PCSO may terminate this Agreement and PPD's right to use of the property hereunder, and immediately repossess the property without prior demand on or notice to PPD. VI. DISCLAIMER OF WARRANTY: County has not made and does not make any representation, warranty, or covenant,express or implied, with respect to the condition of the equipment. VII. INSURANCE: PPD is a self-insured entity in compliance with Colorado law. VIII. LIAB[LTTY: 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 for the parties, of the Colorado Governmental Immunity Act, C.R.S. §24-10-101, et seq., or the Federal Tort Claims Act, 28 U.S.C. 2671, et seq. as applicable as now or hereafter amended. 2 IX. NOTICES: All notices to be given under this Agreement shall be made in writing and shall be sufficient if delivered personally or mailed by First Class, United States mail, postage prepaid to the other party at the following addresses: City of Pueblo Pueblo Police Department Attn: Chief of Police 200 S. Main Street Pueblo, Colorado 81003 And Pueblo County Sheriff's Office Attn: Captain Shelley Bryant 909 Court Street Pueblo, Colorado 81003 X. RELATIONSHIP: Nothing in this MOU is intended to. or shall be deemed to constitute, a partnership or joint venture between the parties, or to create any agency or partner relationship between the parties. Neither party shall hold itself out as a partner,joint venture, agent, or representative of the other under this MOU. XI. SIGNATURES: Each person signing this MOU on behalf of a party represents and warrants that he or she has the requisite power and authority to enter into, execute, and deliver this MOU on behalf of such party and that this MOU is a valid and legally binding obligation of such party enforceable against it in accordance with its terms. This MOU and all other documents contemplated hereunder may be executed using electronic signatures with delivery via facsimile transmission, by scanning and transmission of electronic files in Portable Document Format (PDF) or other readily available file format, or by copy transmitted via email, or by other electronic means and in one or more counterparts, each of which shall be: (i) an original, and all of which taken together shall constitute one and the same agreement,(ii) a valid and binding agreement and fully admissible under state and federal law, and (iii) enforceable in accordance with its terms. IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding the day and year first written above. PUEBLO COUNTY, COLORADO 3 /1A By: Kirk M. Taylor, P ieblo County Sheriff my OF PUEBLO 46,e By: / 5 ti Nicholas A. Gradisar, Mayor 4