Agenda - Council - 02/14/1989 - Laserfiche WebLink

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AGREEI.~:T FOR THE LOAK OF PRELIMINARY BREATH TEST INSTRUF£NTS WITNESSETH: ~E~EAS the State of Minnesota, Department of Public Safety (hereinafter referred :o 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 prellminm.-y breath test instruments; and ~EREAS DPS desires to provide a mechanism through which local law enforcement agencies :ay use these prellmirmry breath test instruments to assist them in the detection of drivers who ~-e in violation of Minnesota law~ relating %o ~-afflc and highway safety, NOW THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN DPS and the local goverr~ent unit .designated as ~Recipient" on page 3 of this agreement (hereinafter referred to as 'Reclpient")as follows: I. DPS's Resoonsib!!it!e$. 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 n~uber of instruments supplied to be determined by DPS subject to availability. of funds and instruments. Recipient shall use and have ~ossession of these instruments but DPS shall retain title and legal ownership cf them. 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 we~ and tear resulting from routine proper use of the instruments. C. DPS shall train a: least one person designated by Recipient in the proper handling and use of these instruments. DPS shall provide this training without cost for the ~-aining itself. D. DPS shz!l maintain all necessary s~ate and federal inventory control records on these instruments. II. Reei~ient's ~esoons!b!!!ties. A. Recipient shall use the instruments provided under this agreement to assist in enforcing Mi~mesota laws relating to traffic and highway safety. B. Recipient shall keep and maintain the instruments in proper operating condition. ~ecipient shall supply all disposable components for the instruments at Reciplent's expense. C. Recipient shall be responsible for the cos: of repairing or replacing instruments which, in :he 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 u~e. Reclpien~ shall also be responsible for the costs of maintenance and repair resulting from normal wear and tear in routine proper use of these Instruments,,~ funding for such maintenance repair is not made available %o DPS.