HomeMy Public PortalAbout1984-021CITY OF MEDINA
Resolution
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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.
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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.
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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.
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