269871 ^ ,.- .
WHI7E - CITV CLERK � /��,�;���
PINK - FINANCE COURCSl �`� Cj ��
CANARV - DEPARTMENT GITY OF SAINT PALTL
BLUE - MAVOR File NO.
�
, _
Co ncil esolution
Presented By
Referred To Committee: Date
Out of Committee By Date
WHEREAS, The Law Enforcement Assistance Administration (LEAA)
has distributed to the Saint Paul Police Department 215 experimental
garments as part of a nationwide testing program involving numerous
municipal police departments; and
WHEREAS, The LEAA is willing to donate all 215 garments to the
Saint Paul Police Department on the term and condition that the City
indemnify the United States Government, LEAA, the National Institute
of Law Enforcement and Criminal Justice, and the Aerospace Corpora-
� tion; and
WHEREAS, The indemnification agreement specifically provides
that there is no warranty or guarantee expressed or implied as to
the ballistic penetration resistance or protective features of the
garments; and
Wf�REAS, The current retail value of each individual gaxment
is approximately $130.00, thus meaning an expenditure of approximately
$47,000.00 by the City if it were to purchase such experimental
garments for its officers; and
WI�REAS, It is understood that the garments are intended to
assist Saint Paul police officers in the performance of their
official duties; now, therefore, be it
RESOLVED, That the Council of the City of Saint Paul hereby
authorizes the Mayor to execute the above-referenced indemnification
agreement in return for the City' s cost-free receipt of approxi-
mately $47,000.00 worth of experimental garments; and be it
COUNCILMEIV
Yeas Nays Requested by Department of:
Butler
Hozza In Favor
Hunt
Levine __ Against BY
Roedler
Sylvester
Tedesco
Form Approved by City Attorney
Adopted by- Council: Date
Certified Passed by Council Secretary BY
sy
Approved by :Navor: Date Approved by Mayor for Submission to Council
By, BY
� ^�J
WHITE - CITV CLERK COUt1C11 ��V��
PINK - FINANCE �7 � V�
. CANARV - DEPARTMENT G I TY OF SA I NT PA l� L
BLUE - MAYOR File NO.
• Council Resolution
.�_,
Presented By
Referred To ' Committee: Date
Out of Committee By Date
2.
FURTHER RESOLVED, That the Council hereby acknowledges and
finds as a fact that it has the legal authority to make such an in-
demnification based on its express and implied powers, acting with
the Mayor, to organize and maintain a municipal Police Department;
and be it
FINALLY RESOLVED, That such indemnification is regarded as for
a public purpose, for the benefit of the community as a whole, and
serves a meritorious governmental end.
COUNCIL1�EN
Yeas Nays Requested by Department of:
Butler �✓' (n Favor
�eaaz..
Hunt
Levine �" __ Against BY
Roedler
Sylvester
Tedesco OCT 4� 1977
Form pprove Ci y t ney
Adopted by Council: Date
a
�
Certified a�s y nc S cre ry BY
By
Approved by : av Date � � �g Appr ve y Mayor for Su i ion ho ncil
By BY � -
PUBLISN�D �iCT 1 5 1977
_ � � b�� � � �
..� � . ^ ; � f��
a � �
. - .. . . • ' � _ .
RELEASE AND INDEMNIFICATION . '
The S�INT PAUL Police Department hereby
releases the United States Government, the Law Enforcement Assistance ,
: Adminis'tration, the National Institute of La�v Enforcement and Criminal � ,
3ustice, The Aerospace Corporation, and the officers, employees, sub- �
contractors, and agents of each from any and all liability which may now
or in the future arise frorn thc use or tivear of the protective garments �
provided to this Police Deparl;me.�t as part of the F3ody Armor Test Probram.
It is understood that these garments �,vere provided only for the duration of
�. the test progranz to assess their �,vearabilily and comfort. It is further
r ,
<: ..understood the test pro�rar:z has bee:i coinplct�d, a:1d t:ie �;arnicnts are .
released to this Police Departn:ent �vithout a:zy w�arranty or �uarantce, - .x.
express or implied,. of t!:eir hallistic penetration resistance or protective
features. These garments are considered to be surplus equipment �vhich has
been abandoned in p?ace. The undersibncd ackno�vledges tnat the use of any
such protective �arment shall be solely at the user�s risk. Furthermore,
•� the undersigned indemnifies the above-named entities against all loss or �
. : damage, of whatsoever kind, ho«�ever occasioned, and regardless of
responsibility for fault or ne�lige:zce, resultinb from such use by this
Police Department, its personnel, or any other person authorized by either.
` ,
, ��)
,� ayor
�
A roved as to Form: r -�'�-��j�"'-��^��'x�"'v'' ��) •
�P
Director, Department of Finance & Management Services
'.-a,•..� c ��ex����x '_
SEPTEMBL:R. 29 1977
;;- Assistan ity Atto ney