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HomeMy Public PortalAbout1984-021CITY OF MEDINA Resolution - . / BE IT RESOLVED that the City of Medina enter into an agreement with the State of Minnesota, Department of Pu.lic Safety for the following purpose: To receive from the State of Minnesota, Department of Public Safety, an Intoxilyzer 5000 breath test instrument and breath alcohol simulator on a loan basis. The instruments are to be used by law enforcement officers to assist them in the detec- tion of motorists who may be in violation of Minnesota Statutes Section 169.121, or other Minnesota laws or local ordinances or other law enforcement purposes. BE IT FURTHER RESOLVED that the Chief of Police and City Clerk be and they herby are authorized to execute such agreement. CERTIFICATION State of Minnesota City of Medina I hereby certify the foregoing Resolution is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Medina at a duly authorized meeting thereof held on the 15th day of May, 1984, as shown by the minutes of said meeting in my possession. City Clerk IN WITNESS WHEREOF, the parties hereto, intending to be bound hereby, have caused this Agreement to be duly executed. :CIPIENT: City .or Installation at INTOXILYZER 5000 Serial Number OF Medina Medina PD 64-0259 State asset number 529697 MARK II A SIMULATOR Serial number M-008230 State asset number 529882 Description of Equipment ceded to the State of Minnesota: Breathalyzer 900A S/N 931667 RECIPIENT: By: Michael W. Sankey Title: Chief of Police Date: May 15, 1984 STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY BUREAU OF CRIMINAL APPREHENSION LABORATORY: Recommended for Approval: By: Lowell C. Van Berkom Title: Forensic Laboratory Director Date: DEPARTMENT OF PUBLIC SAFETY By: Title: Date: Approved as to Form and Execution: ATTORNEY GENERAL: By: Date: COMMISSIONER OF ADMINISTRATION: By: Date: Authorized Signature APPROVED n By: DvwaJ COMMISSIONER OF FINANCE: Donna Roehl Title: City Clerk By: Date: May 15, 1984 Date: A certified copy of the resolution must be attached authorizing the City of Medina to enter into this Agreement and authorizing the Chief of Police and City Clerk to execute this 'eement. -3- BUREAU OF CRIMINAL APPREHENSION 1246 UNIVERSITY AVENUE ST. PAUL, MINNESOTA 55104-4197 TELEPHONE: 296-2682 STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY Enclosed you will find five copies of the agreement for the lend-lease of an Intoxilyzer 5000, copies of a sample resolution, and if applicable forms and information relating to old Breathalyzer equipment. This agreement is the mechanism through which we will be able to place a new infrared breath testing instrument and simulator with your law enforcement agency. These instruments have been purchased with money from a federal highway and traffic safety grant and from a State of Minnesota Legislative appropriation of matching funds. We are distributing the testing instruments in a manner similar to the program under which we have in the past distributed preliminary breath test instruments. To complete this paperwork, your county board or city council will first need to pass a resolution similar to the sample resolution provided. Once this is done the remainder of the agreement can be completed. Instructions on the sample resolution and agreement are also enclosed. It is our hope that you will find this approach to providing breath testing equipment agreeable. If you have questions about the paperwork or the equipment, please contact our Breath Testing Section at 612-296-7940. We are prepared to assist you in any manner necessary to complete the process. Sincerely, J Lowell C. Van Berkom Forensic Laboratory Director AN EQUAL OPPORTUNITY EMPLOYER INSTRUCTIONS FOR INTOXILYZER 5000 LEND-LEASE AGREEMENT The agreement must be completed in quintuplicate (5 copies). Five certified copies of the resolution passed by the governing body of the local government must be included. THE RESOLUTION: there are two forms of sample resolution, one for cities and one for counties. Other types of local jurisdiction such as a joint police commission will have to devise a resolution based on the wording of these two samples. The essential points that must be contained in the resolution are: 1) to empower the local government to enter into agreement with the State according to the terms of the agreement. 2) to designate at least one and preferably two officials to execute the agreement. More than two may be designated if desired. Lines nine and ten of the sample resolution contain two blank lines which should be filled with the titles of the officials designated to execute the agreement. Names of specific individuals should be avoided. For a city government recipient it would be most practical if the officials designated were the city clerk and the chief of police. For a county government recipient the county auditor and sheriff would be most practical. These officials are suggested because the annual certification statements are usually sent to a city clerk or county auditor and because the instruments will usually be sited in a police department or sheriff's office. THE AGREEMENT: once the resolution has been passed, the designated officials titles should be entered on the "title" lines of the RECIPIENT sign -off section on the left hand column of page three and again on the blanks in the next to the last line of page three. These officials may sign the "BY" lines of the sign -off section. FEDERAL GRANT EQUIPMENT: if equipment is to be ceded to the state that was purchased with federal grant money, this agreement will be accompanied by a packet of information and forms which must be executed. These documents should be returned with the signed agreements and certified copies of the resolution. Once the State of Minnesota officials have signed off the applicable sections of the agreement, a copy of the completed document will be returned to the city clerk or county auditor or in the case of other jurisdictions, the appropriate official designated to maintain the jurisdiction's records and a second copy will be sent to the law enforcement agency where the instrument is located. The completed documents should be returned to: Bureau of Criminal Apprehension Laboratory Breath Test Section 1246 University Avenue St. Paul, Minnesota 55104 Questions about the agreement or requests for assistance may be directed to the Breath Test Section at the above address or by phone at 612-296-7940. AGREEMENT FOR THE LOAN OF INTOXILYZER 5000 EVIDENTIAL BREATH ALCOHOL TEST INSTRUMENTS THIS AGREEMENT, MADE AND ENTERED INTO by and between the State of Minnesota, Department of Public Safety (hereinafter referred to as "DPS") and the local government unit(s) designated as "Recipient" on page 3 of this agreement (here- inafter referred to as "Recipient"). WITNESSETH: WHEREAS DPS has received grants and or appropriations of money for the purchase of Intoxilyzer 5000 breath test instruments, and breath alcohol simulators; and WHEREAS DPS desires to provide a mechanism through which local law enforce- ment agencies may use these breath test instruments to assist them in the de- tection of drivers who are in violation of Minnesota laws relating to traffic and highway safety, or for other law enforcement applictions, NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN the parties hereto as follows: I. DPS' Responsibilities. A. DPS shall make available to Recipient an Intoxilyzer 5000 evidential breath test instrument and a breath alcohol simulator specified on page 3 of this agreement. Recipient will use and have possession of these instruments; but DPS shall retain title and legal ownership of the instruments. B. Any and all repairs shall be made by or at the direction of DPS. If funding is available, DPS will pay for the cost of maintenance and repair or replacement due to normal wear and tear resulting from routine, proper use of the instruments. C. DPS will maintain all necessary state and federal inventory control records on these instruments. II. Recipient's Responsibilities. A. Recipient shall use the instruments specified on page 3 of this agree- ment to assist in enforcing Minnesota laws and local ordinances and for other law enforcement applications. B. Recipient shall keep and maintain the instruments in proper operating condition. Recipient shall supply all disposable components for the instru- ments at Recipient's expense. C. Recipient will be responsible for the cost of repairing or replacing instruments which, in the opinion of the Bureau of Criminal Apprehension, have been damaged due to abuse, misuse or other cause outside the scope of normal wear and tear in routine proper use. Recipient will also be responsible for the costs of maintenance and repair resulting from normal wear and tear in routine proper use of these instruments if funding for such maintenance and repair is not made available to DPS. D. The instruments shall be made available for use by any breath test operator certified by the State of Minnesota. -1- E. Recipient shall not permit the instruments to be operated or tampered with by individuals who are not trained in their operation and certified by DPS as Intoxilyzer 5000 operators. F. Recipient shall make the instruments available to authorized personnel when required for inventory or inspection purposes. G. Recipient shall cede to DPS the Breathalyzer 900 and 900A instruments described on page 3 of this agreement, which DPS may dispose of through trade, sale, or other means, it being agreed that any proceeds of such disposition shall be retained by the State of Minnesota. III. Term of Agreement. This Agreement shall take effect on the date of final approval by the Commissioner of Finance and remain in effect until terminated by either of the parties as provided in section IV. IV. Termination. This agreement may be terminated by either DPS or Recipient with or without cause upon sixty (60) days written notice to the other party. In the event of such termination, Recipient shall return the instruments to the Bureau of Criminal Apprehension Laboratory within thirty (30) days after the termination of this Agreement. If Recipient fails to return the instruments within this time period, Recipient may be assessed the cost of the instruments. V. Assignment. Recipient shall neither assign nor transfer any rights or obligations under this Agreement without the prior written consent of DPS. VI. Liability. Recipient agrees to indemnify and save and hold the State of Minnesota, its agents, and its employees harmless from any and all claims arising from the use of the Intoxilyzer 5000 Instrument or from the performance of this Agreement by Recipient or Recipient's agents or employees. VII. Relationship of Parties. Neither Recipient nor Recipient's agents or employees are to be considered to be agents of DPS or to be engaged in any joint venture or enterprise with DPS, and nothing herein shall be construed to create such a relationship. -2-