02-13-1989 Council Packet - Laserfiche WebLink

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AGREEMENT FOR THE LOAN OF PRELIMINA**Y BREATH TEST INSTRUMENTS VITNESSETK: VHEREAS the State of MlnnesoU, Department of Public Safety (hereinafter referred to as "DPS”) baa received granta of money through aeotion A02 of the Federal Highway and Traffic Safety Act of 1966 or through other aoureea for the purohaae of preliminary breath teat instrumenta; and WHEREAS DPS deairea to provide a mechaniam through which local law enforcement agenciea nay uae theae preliminary breath teat inatrumenta to aaaiat them in the detection of drivers who are in violation of Minneaota laws relating to traffic and highway safety, NOV 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*a Rgaponsibilitlea. 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 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 recessary state and federal inventory control records on these instruments. II. Recipient*a HaaDonaibllitiaa. 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 ooodition. Recipient shall supply all disposable oomponenta for the instruments at Recipient's expense. C. Recipient shall be responsible for the oost of repairing or replacing instruments which, in the opinicn of the Bureau of Criminal Apprehension, have been damaged due to abuse, misuse, or other oause 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.