1985-3211
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CITY OF HOPKINS
Hennepin County, Minnesota
Resolution # 85-3211
PRELIMINARY BREATH TESTER AGREEMENT
BE IT RESOLVED by the City Council of the City of Hopkins
that the City of Hopkins enter into an agreement with the State
of Minnesota, Department of Public Safety for the purpose of
r ec e i v i n g f rom t he S tate 0 f M inn e so t a , D e par t men t 0 f P ubI i c
Safety, preliminary breath test instruments on a loan basis for
use by law enforcement officers to assist in the detection of
motorists who may be in violation of Minnesota Statutes Section
169.121, or local ordinances in conformity therewith.
BE IT FURTHER RESOLVED that the City Manager and Mayor be
and the hereby are authorized to execute such agreement.
,<;/1 ,/
c:f# ~r
May'O r v
CERTIFICATION
State of Minnesota
City of Hopkins
I hereby certify that the forgoing Resolution is a true and
correct copy of the resolution presented to and adopted by
the City Council of the City of Hopkins at a duly authorized
meeting thereof held on the 3rd day of September, 1985, as
shown by the minutes of said meeting in my possession.
-:T. &* T~
City Clerk
Tr
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AGREE~mNT FOR THE LOAN OF PRELIMINARY BREATH TEST INSTRUMENTS
WITNESSETH:
WHEREAS the State of Minnesota, Department of Public Safety (hereinafter
re(~rred to as "DPS") has received grants of money through .section _02 of the
Federal Highway and Traffic Safety Act of 1966. or through other sources for the
purchase of preliminary breath test instruments; and
WHEREAS DPS desires to provide a mechanism through which local law
enforcement agencies may use these preliminary breath test instruments to
assist them in the detection of drivers ~ho are in violation of Minnesota laws
relating to traffic and highway safety,
NOW THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN DPS and the local
government unit designated as "Recipient" on page 3 of this agreement
(hereinafter referred to as -Recipient")as follows:
I. DPS's ResDonsibi11ties.
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A. DPS shall make available to Recipient up to the number of preliminary
breath test instruments (PBTs) specified on page 3 of this agreement, the exact
number of instruments supplied to be determined by DPS subject to availability
of fUnds and instruments. Recipient shall use and have possession of these
instruments but DPS shall retain title and legal ownership of them.
B. Any and all repairs shall be made by or at the direction of DPS. If
funding is available, DPS shall pay ror the cost of maintenance and repair or
replacement due to normal wear and tear resulting from routine proper use of
the instruments.
c. DPS shall train at least one person designated by Recipient in the
proper handling and use of these instruments. DPS shall provide this training
without cost for the training itself.
D. DPS shall maintain all necessary state and federal inventory control
records on these instruments.
II. Recioient's Resoonsibilities.
A. Recipient shall use the instruments provided under this agreement to
assist in enforcing Minnesota laws relating to traffic and highway safety.
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B. Recipient shall keep and maintain the instruments in proper operating
condition. Recipient shall supply all disposable components for the
instruments at Recipient's expense.
c. Recipient shall be responsible for the cost of repa1r1nB 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 shall also be responsible for
the costs of maintenance and repair resulting from normal wear and tear in
routine proper use of these instruments if tunding for such maintenance and
r pair is not made available to DPS.
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D. Recipient shall return to DPS any instrument which is obsolete,
inoperable, malfunctioning or no longer in use. Such instruments to be
delivered or shipped to the Bureau of Criminal Apprehension Laboratory, pbstage
and handling charges prepaid.
_:. E. Recipient shall not permit the instruments to be tampered with or
operated by individuals who are not trained in their operation.
F. Recipient shall designate at least one person to be trained by the
DPS in the proper handling and use of these instruments. Recipient shall bear
the cost of any travel expenses incurred by any person attending such training.
G. The people trained by DPS in the proper use and handling of these
instruments shall train other officers in their depart~ents in how to properly
use and handle these instruments.
H. Recipient shall make these instruments available to personnel
authorized by DPS when required for inventory or inspection purposes.
III. Term of A~reement.
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This Agreement shall take effect on the date ~f 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 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 all instruments that
it has received pursuant to this agreement to the Bureau of Criminal
Apprehension Laboratory within thirty (30) days after the ter~ination of this
Agreement. If Recipient fails to return the instruments within this time
periOd, Recipient agrees to pay the cost of replacement of the instruments.
v. AssiQ:nment.
Recipient shall neither assign nor transfer any rights or obligations
under this Agreement without the prior written consent of DPS.
VI. Liabili tv,.
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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 these instruments or from the performance of this Agreement by Recipient
or Recipient's agents or employees.
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VII. RelationshiD of Parties.
Neither Recipient nor Recipient's agents or employees are to be
considered to be asents of DPS or to be engaged in any joint venture or
ent rprise with DPS, and nothing herein shall be construed to create such a
relationship.-- -- -- -- --- ----.-- --- --
IN WITNESS WHEREOF, the parties hereto, intending to be bound hereby,
have caused this agreement to be duly executed.
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RECIPIENT:
City
OF STATE OF ~UNNESOTA
DEPARTMENT OF PUBLIC SAFETY
Hopkins
Shall be provided with up to two (2)
BUREAU OF CRIMINAL APPREHENSION LAB
preliminary breath testing
Recommended for Approval:
instruments for use by the
By:
Lo~ell C. Van Berkom
Title: Forensic Laboratory Director
Hopkins Police ~artment
Date:
DEPARTI1ENT OF PUBLIC SAFETY
By:
Title:
..
Date:
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Approved as to Form and Execution:
ATTORNEY GENERAL:
By:
For the
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RECIPI~r,it'
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Date:
CO~~ISSIONER OF ADMINISTRATIO~:
By:
By:
Ti tIe:
Mayor
Authorized Signature
Date:
Date:
Ti tIe:
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Cit. M nager
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APPROVED
By:
cor-n.IISSIOUER OF FINANCE:
By:
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Date:
Date:
A certified copy of the resolution authorizing the City
; of Hopkins to enter into this Agreement and authorizing
the Mayor and Ci tv Manager
to execute this Agreement must be attached hereto.
171
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