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1d. Resolution for Portable Breath Tester CITY OF _ 1 • • i ie CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 t^ (612) 937-1900 'or iMEMORANDUM n._✓- D Don Ashworth, City Manager i FROM: Jim Chaffee, ; /��8 i � - rzte e, Public Safety Director DATE: January 18, 1989 SUBJ: Portable Breath Tester iPlease find attached a letter from Mr. Van Berkom from the Minnesota Bureau of Criminal Apprehension Forensic Science Laboratory. As you will note, the City of Chanhassen par- ticipated in a survey in September, 1987 to determine the need for additional portable breath testers . Because we responded to the survey, we are now eligible to receive one of the PBTs which ihas been purchased by the State of Minnesota. This particular PBT is called the Alco-Sensor which is the newest i version of the breath tester. These units will be loaned to us by the State of Minnesota once a resolution is passed by the City Council agreeing to accept the instrument on a loan basis . You will also note that the Department of Public Safety incurs all i costs associated with this unit except for the disposable com- ponents which are little plastic pieces that go onto the top. iRecommendation It is staff' s recommendation that the City Council pass the reso- lution accepting the Alco-Sensor preliminary breath test as a iloan from the State of Minnesota. i i i i i ,& Mel` ' A _ - STATE OF MINNESOTA , _ - , L a r DEPARTMENT OF PUBLIC SAFETY . ACA---- i I BUREAU OF CRIMINAL APPREHENSION 1 1246 University Avenue St.Paul,Minnesota 55104-4197 January 13, 1989 612/642-0610 II Jim Chaffee, Director Chanhassen Public Safety Dept. - II 690 Coulter Drive Chanhassen, MN 55317 Dear Director: I The September 1987 Portable Breath Tester (PBT) survey has given the Department of Public Safety the information necessary to purchase a limited II number of Alco Sensors. Your agencies response to the survey make you eligible to receive one of the Alco Sensors. I have enclosed the necessary documents to accomplish this task. You will find a sample resolution which II must be passed by your governing body, a copy of the agreement for the loan of PBT's and instructions on completing these documents. When the resolution is passed, the officials authorized by it can complete I the agreement. This together with a certified copy of the resolution passed by your governing body must be returned to the Forensic Science Laboratory. Once we receive the agreement and resolution we will be able to schedule one II or more officers from your department for the necessary training and at that time we will issue the instrument to you. You will note that on page three of the agreement we have indicated the I number of instruments this agreement is permitted to cover. We will only be able to distribute one unit per department at this time. By having the agreement cover the total number that your agency indicated on the survey - II the agreement will cover future units if they become available. When complete, please return all documents to the BCA Forensic Science II Laboratory, Breath Test Section. If you have any questions contact Bob Mooney, or Eldon Ukestad at 612-642-0760. Sincerely yours, II ,, ,,,ze&c. 0,-6 Lowell C. Van Berkom II Director Forensic Science Laboratory I Encl. LCV:ds I F CE:1VLL) JAN 17 1989 I CU/OF.CHANHASSEN 1 AN EQUAL OPPORTUNITY EMPLOYER IIINSTRUCTIONS FOR PRELIMINARY BREATH TESTER AGREEMENT THE RESOLUTION: There are three forms of sample resolutions, one for city recipients, one for County recipients and one generic form where the agency is governed by a joint police commission or some other form of governing body. If the resolution passed is different in wording from the sample, be certain it contains the following essential points: 1) to empower the local government to enter into a 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 desiganted if desired. 3) the phase "hereby are authorized to execute such agreement" ' should be included at the appropriate point. Lines ten and eleven of the sample resolution contain blanks which should be filled with the titles of the officials empowered to execute the agreement. Names of specific individuals should be avoided. For a city government recipient it is most practical if the officials designated are the City Clerk, and the Chief of Police or Mayor. For a County government recipient the County Auditor and County Sheriff would be most practical. These officials are suggested because the annual certification statements are usually sent to a Clerk or County Auditor and because the instruments will in most cases be in the possesion of your Police Department or Sheriff's Office. THE AGREEMENT: Once the resolution has been passed, the designated officals titles should be entered on the "title" lines of the recipient sign off section on the left hand column of page three. These officials should then sign the "By" lines of the sign off section. ' The complete agreement and a certified copy of the resolution should be sent to: Forensic Science Laboratory ' Breath Test Section 1246 University Ave. St. Paul, MN 55104 ' Once the complete agreement and certified copy of the resolution are received we will contact your department about scheduling training and delivery of the instruments. The training session takes one to two hours and covers operation, ' maintenance and calibration of the instruments. This session is certified for one hour P.O.S.T. credit so the person or persons attending should be certain to bring their P.O.S.T. license number. ' When documents have been signed by the appropriate State of Minnesota officials, a copy of the complete agreement will be returned to the City, County or other local government body. Any questions about the documents or requests for information or assistance may —be directed to the Breath Test Section at the above address or by phone at ' 612-642-0760. 1 • AGREEMENT FOR THE LOAN OF PRELIMINARY BREATH TEST INSTRUMENTS WITNESSETH: 1 WHEREAS the State of Minnesota, Department of Public Safety (hereinafter ' referred to as "DPS") has received grants of money through section 402 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 who 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 Responsibilities. 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. 1 B. Any and all repairs shall be made by or at the direction of DPS. If funding is available, DPS shall 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 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. Recipient's Responsibilities. ' A. Recipient shall use the instruments provided under this agreement to assist in enforcing Minnesota laws relating to traffic and highway safety. 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 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 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 funding for such maintenance and repair is not made available to DPS. 11 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, postage 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 departments 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 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 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 termination 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. 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 these instruments 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. I I IN WITNESS WHEREOF, the , parties hereto, intending to be bound hereby, have caused this agreement to be duly executed. RECIPIENT: City OF STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY Chanhassen ' Shall be provided with up to one ( 1) BUREAU OF CRIMINAL APPREHENSION LAB preliminary breath testing Recommended for Approval: instruments for use by the By: Chanhassen Public Safety Department Title: Loe11 C. Van Berkan Director Date: ' DEPARTMENT OF PUBLIC SAFETY By: ' Title: Date: ' Approved as to Form and Execution: ' ATTORNEY GENERAL: By: i Date: For the RECIPIENT COMMISSIONER OF ADMINISTRATION: By: - By: --- _ Authorized Signature Title: _ Date: Date: ' APPROVED By: COMMISSIONER OF FINANCE: ' Title: By: Date: Date: , A certified copy of the resolution authorizing the City ' of Chanhassen to enter into this Agreement and authorizing the and to execute this Agreement must be attached hereto. I i - Sample PBT RESOLUTION BE IT RESOLVED that the City of enter into an agreement with the State of Minnesota, Department of Public Safety for the ' purpose of receiving from the State of Minnesota, Department of Public 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 and be and they hereby are authorized to execute such agreement. CERTIFICATION State of Minnesota ' City of ' 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 ' at a duly authorized meeting thereof held on the day of - 19 ' as shown by the minutes of said meeting in my possession. City Clerk (For County use see reverse side)