HomeMy WebLinkAboutResolution - 80-12 - Entering Agreement with MN Department of Public Safety for Portable Breath Test Unit - 01/08/1980 ..r
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RESOLUTION NO. 80-12
RESOLUTION
BE IT RESOLVED that the City of Eden Prairie, Minnesota enter into an
agreement with the State of Minnesota, Department of Public Safety for the
following purpose, to-wit:
To provide authority for the city to receive from the State of Minnesota,
Department of Public Safety, ALERT J3A portable breath test unit or units on a
loan basis. The unit or units are to be used by city law enforcement officers to
assist them in the detection of motorists who may be in violation of Minnesota
Statutes Section 169.121 .
BE IT FURTHER RESOLVED that the City Manager and Cit Clerk
be and they hereby are authorized to execute such
agreement.
• CERTIFICATION
State of Minnesota
City of Eden Prairie
I hereby certify that the foregoing Resolution is a true and correct copy of the
resolution presented to and adopted by the City Council of the City of Aden Prairie
at a duly authorized meeting thereof held on the
8th day of January 19 80 , as
shown by the minutes of said meeting in my possession.
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4GREEMENT: USE OF ALERT J3A PORTABLE BREATH TEST UNITS
THIS AGREEMENT, MADE AND ENTERED INTO this 13 day of DeremhPr ,1979 r
BY AND BETWEEN the State of Minnesota, Department of Public Safety, (hereinafter referred
to as "DPS") , and _ Eden Prairie Piihlir Safpfg (hereinafter referred to as
"Recipient") ,
WITNESSETH:
WHEREAS the DPS has received federal moneys through Section 402 of the Highway Safety
Act of 1966 for the purchase of ALERT J3A portable breath test units; and
WHEREAS the DPS desires to provide a mechanism through which local law enforcement
agencies may use these ALERT J3A portable breath test units to assist them in detecting
drivers who are in violation of Minnesota laws relating to traffic and highway safety,
NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN the parties hereto as follows:
I. DPS' Responsibilities.
A. The DPS shall make 3 ALERT J3A unit(s) available to Recipient. Recipient
shall use and have possession of the unit(s) , but the DPS shall retain title and legal
ownership of the unit(s) .
B. Any and all repairs shall be made by or at the direction of DPS. The cost of
repair or replacement will be borne by DPS, at the discretion of the Bureau of Criminal
Apprehension Laboratory after consideration of the reason fof such repair or replacement
and the availability of DPS funds.
C. The DPS will train at least one person designated by Recipient in the handling
and use of the unit. The DPS will bear the expense of this training.
D. The DPS will maintain all necessary state and federal inventory control records
on the unit(s) . The DPS will maintain the J3A ALERT inventory by instrument serial
number and state asset number.
II. Recipient's Responsibilities.
A. Recipient shall receive 3 ALERT J3A unit(s) and use the unit(s) for
assisting in enforcing the Minnesota laws relating to traffic and highway safety.
B. Recipient shall keep and maintain the unit(s) in proper operating condition.
Recipient shall supply all disposable components for the unit(s) at Recipient's expense.
C. Recipient shall return to the DPS any unit which is obsolete, inoperable, mal-
functioning or no longer in use. The unit shall be delivered or shipped to the Bureau of
Criminal Apprehension Laboratory postage and handling charges prepaid.
D. Recipient shall be responsible for the cost of repairing or replacing a unit at
discretion of the Bureau of Criminal Apprehension Laboratory after consideration of
Wlreason for such repair and the availability of DPS funds.
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E. Recipient shall designate at least one person to be trained by the DPS in the
proper handling and use of the unit. Recipient shall bear the cost of any travel
fcpenses incurred by any person attending such training.
F. Recipient shall make the unit(s) available to authorized personnel when
required for inventory or inspection purposes.
III. Term of Agreement.
This Agreement shall be in effect for one (1) year from the 13 day of
ilaramhar , 19_g_, unless terminated by either party in accordance
with the provisions set for in this Agreement. This Agreement shall be deemed renewed on
a year-to-year basis unless it is terminated by either party in accordance with the pro-
visions set forth in this Agreement.
IV. Termination.
This Agreement may be terminated by either the DPS or Recipient at any time with or
without cause, upon ten (10) days' written notice to the other party. In the event of such
termination, Recipient shall return the unit(s) to the Bureau of Criminal Apprehension
Laboratory five (5) days after the termination of this Agreement. If Recipient fails to
return the unit(s) within this time period, Recipient may be assessed the cost of the
unit(s) .
V. Assignment.
Recipient shall neither assign nor transfer any rights or obligations under this
Agreement without the prior written consent of the DPS.
01. Liability.
Recipient agrees to indemnify and save and hold the State of Minnesota, its agents
and employees harmless from any and all claims or causes of action arising from the use of
ALERT J3A unit(s) 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 the DPS or to be engaged in any joint venture or enterprise with the DPS, and
nothing herein shall be construed to create such a relationship.
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IN WITNESS WHEREOF, the parties hereto, intending to be bound hereby, have caused this
Agreement to be duly executed the day and year first above mentioned.
•
RECIPIENT: City OF Eden Prairie As to form and execution by the
By: ATTORNEY GENERAL:
Title: ity Manager By:
Date: January 9, 1980
COMMISSIONER OF ADMINISTRATION:
By: By:
Authorized Signature
Title: Cit Clerk
Date:
Date: January 9, 1980
Approved
STATE OF MINNESOTA
DEPAR V1EN"T OF PUBLIC SAFETY COMMISSIONER OF FINANCE:
BUREAU OF CRIMINAL APPREHENSION LABORATORY:
By:
Recommended for Approval
Date:
By:
T�:
Date:
STATE OF MINNESOTA
DEPARTMENT OF PUBLIC SAFETY:
By:
Title:
Date:
A certified copy of the resolution must be attached authorizing the City Manager and
City Clerk to enter into this Agreement and authorizing the City
Manager and City Clerk to execute
the Agreement.
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