HomeMy WebLinkAboutCity Council Resolution 1984-121CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a special meeting of
the City Council of the City of Plymouth, M nnesoi ta, was herd on the
27th day of February , 19 84 . The following members
were present:ncilmembers Schneider and Crain
The following me ers were absent: Councilmembers Moen and Neils
Councilmember Schneider introduced the following Resolution and
moved its adoption:
RESOLUTION NO. 84-121
RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER
TO ENTER INTO A LOAN AGREEMENT FOR AN INTOXILYZER
5000 BREATH TESTING INSTRUMENT.
WHEREAS, the State of Minnesota Department of Public Safety is making
Intoxilyzer 5000 breath testing units available to municipalities to
assist them in detecting drivers in violation of Minnesota laws re-
lating to traffic and highway safety.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA that the City of Plymouth 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
10 Minnesota, Department of Public Safety, one (1) Intoxilyzer
5000 breath test unit on a loan basis. The unit will be used
by city law enforcement officers to assist them in the detection
of motorists who may be in violation of Minnesota Statutes 169.121.
BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to
execute such agreement.
The motion for the adoption of the foregoing Resolution was duly seconded by
Council m m r rai and upon vote being taken thereon, the
0 owing voted in avor thereo Mavor Davenport, Councilmembers Schneider__
and Crain
The following voted against or abstained: none
Whereupon the Resolution was declared duly passed and adopte
4S7
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.
10 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.
-i-
V
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 norRecipient'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-
IN WITNESS WHEREOF, the parties hereto, intending to be bound hereby, have
caused this Agreement to be duly executed.
RECIPIENT:— City OF Plymouth STATE OF MINNESOTA
DEPARTMENT OF PUBLIC SAFETY
for Installation at Plymouth PD BUREAU OF CRIMINAL APPREHENSION LABORATORY:
INTOXILYZER 5000
Serial Number 64-0229
State asset number 529666
MARK II A SIMULATOR
Serial number M 008123
State asset number 529851
Description of Equipment ceded to the
State of Minnesota:
Breathalyzer model 900 S/N 6581
Breathalyzer model 900A S/N 92533
•
RECIPI
By:__�
Title:
Date:
By: - a
Titl City Manager
Date: February 27, 1984
Recommend"/d7 forr�9A��pprova1:
By: 61rcult-G c (j04Z4 r ---
Lowell C. Van Berkom
Title: Forensic Laboratory Director
Date: 3 —/6 —M
DEPARTMENT OF PUBLIC SAFETY
By:
Title
Date:
Approved as to Form and Execution:
ATTORNEY GENERAL:
Date:—
COMMISSIONER
. -
COMMISSIONER OF DMINISTRATION:
By: ��=
Authorized igna ure
Date:
APPROVED
COMMISSIONER OF FINANCE: original Sig"llor
N. LYNCH
By: wit 62 04
Date:
A certified copy of the resolution must be attached authorizing the City of
Plymouth to enter into this Agreement and authorizing the
%!'j,x., and (''A to execute this
Agreement. T-
-3-
Pursuant to due call and notice thereof, a special meeting of
the City Council of the City of Plymouth, M nnesota, was held on the
27th day of February 19 84 . The following members
were present:Mayor Davenport, Counci ]members Crain and Schneider
The following members were absent: Lound mem ers Moen and Nei—Fs—
Councilmember Schneider introduced the following Resolution and
moved its adoption:
RESOLUTION NO. 84-121
RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER
TO ENTER INTO A LOAN AGREEMENT FOR AN INTOXILYZER
5000 BREATH TESTING INSTRUMENT.
WHEREAS, the State of Minnesota Department of Public Safety is making
Intoxilyzer 5000 breath testing units available to municipalities to
assist them in detecting drivers in violation of Minnesota laws re-
lating to traffic and highway safety.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA that the City of Plymouth 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, one (1) Intoxilyzer
5000 breath test unit on a loan basis. The unit will be used
by city law enforcement officers to assist them in the detection
of motorists who may be in violation of Minnesota Statutes 169.121.
BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to
execute such agreement.
The motion for the adoption of the foregoing Resolution was duly seconded by
Councilmember Crain and upon vote being taken thereon, the
o ow ng voted in ravar thereof:' Mayor Davenport. Councilmembers
ine roiiowing votea against or aostainea
Whereupon the Resolution was declared du