CC PACKET 05081984 - Laserfiche WebLink

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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. 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 shal.l 'supply all disposable components for the instru- -- merits-at-Reci-pi-ent'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. -1-