Res 2795 6/2/1981 y
RESOLUTION NO.
RESOLUTION APPROVING AND AUTHORIZING CITY MANAGER
TO EXECUTE AN AGREEMENT WITH THE STATE OF TEXAS
TO FURNISH AN INTOXILYZER TO THE POLICE DEPARTMENT.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS , THAT:
That certain agreement, a copy of which is attached hereto,
between the City of Wichita Falls and the State of Texas,
whereby the State agrees to furnish to the City an intoxilyzer,
is hereby approved, and the City Manager is authorized to
execute the same for the City of Wichita Falls.
PASSED AND APPROVED this the 2nd day of June, 1981.
M A Y 0 R
ATTEST:
City' Clerk
7
• AC:LEEKE•::T .
THE STATE OF TEAS ;
COUNTY OF TcaAVIS
I. This AGREEu.EST between the'State of Texas, 'actin?' through its
Departments of Highways and Public Transportation (DHPT) and of
Public Safety (DPS), and the City of Wichita Falls, h_reinaft_r
cited as the Local Agency (LA), acting. throuyh its authorized
officers, witnesseth:
II. The DHPT is charged with coordinating and cooperating with other
departments of the State and with political subdivisions of the
State in a statewide traffic safety program, including e_epea- e
diture of traffic safety funds for property to be used in ' {
program activities. The DPS is charged with the administration t
of a statewide breath testing program involving all law enfor-
cement agencies in the state. The LA, as part of its respo3
sibility for protecting the safety and welfare of its citizens,
is responsible for enforcing lames and ordinances concerning
operation of a motor vehicle by a driver whose faculties or abi-
lities are or may be impaired by alcohol.
To accomplish these purposes, these three entities agree to
cooperate in a program in which breath testing devices belonging
to the State of Texas and maintained on the inventory of D'dPT
will be placed in the possession of the LA for its use in a
program coordinated by and conducted in accordance with the
w% *+�acte rules and regulations of DPS, including the Texas Chemical
Breath Test Regulations (TCBTR).
- - The LA acknowledges that it has requested the benefits of this
program as a part of its local highway safety program and in
furtherance of its governmental responsibilities, and therefore
consents to participate in this program and accepts possession
of these devices.
III. The parties further agree as follows: �.
A. The DHPT agrees to furnish instruments and security cabinets
to the DPS for distribut'.nn to the :A. It is specifically
agreed between the parties that the DHPT is to retain title
to the instruments and security cabinets and to retain them
on its inventory of accountable assets. DPS is not to be
held responsible or accountable for instruments or security
cabLnets• L
B. The LA agrees to:
1. .Take possession from DPS of the breath test instruments
and allied equipment listed on attachment A, under-
standi,i3 that r.1e.^,a tnstr�im-zt3 szi allied eg ii-3^ent are
and re-naln the property or the State of Texas and are
a ^ ;:•; -. . accountable on the inventory of D:!c'T.
2. Deliver to DPS all existing breath test instruments
currently in its possession to be used as a trade-in on
the purchase of the new instruments.
3. Control, protect, and presarve the newly received
instrnn,ats and allied equipment, exercising with regard
to such property such care as would be exercised by a
reasonably careful owner.
4. Haintlin the Ln3trument3 in good condition and effective
vor':Fng onta-, with the ta_:in'_cal assLstzace of DPS as
set forth 11 C-3, below.
Page 2 of 8 Pages
Agenda Item No. 11.e.
5. Replace the 1nst^_.eat3 and zquipnent .,cet%r :a .-l;r
i event of 1Jss, theft, acci�!ent, or circnnstance3 ot'l r
than nor^al weir, so lop; as t'ie equip.ent is rec--ssary
for the operation of the local breath testing.pro ran.
6. Cooperate with DPS in its meeting its responsibilities
for administration of the breath testing program by:
!! a. maintaining and operating the instruments in accor—
dance with the TC3TR and directives from the Office
} of the Scientific Director of DPS;
b. permitting DPS to monitor local testing programs to
insure testing integrity and compliance with breath
testing regulations;
j c. permitting DPS, through certified local technical
supervisors, to calibrate and perform technical
maintenance on, and to certify the instruments in
accordance with the TCBTR.
7. Cooperate with DHPT in its maintaining accurate inven-
C tory records concerning the instruments, particularly by
making the instruments available to DHPT (acting through
certified technical supervisors) for inventory at rea-
sonable times and upon reasonable notice.
8. Send their certified operators to schools certified by
} the Office of the Scientific Director of DPS for addi-
tional training on the new instruments. The funding of
the additional training will be the responsibility of
the LA.
- _ C. The DPS, through the Office of the Scientific Director,
agrees to:
1. Deliver to the LA breath test instruments and allied
. equipment listed on Attachment A.
2. Receive from the LA all existing breath test instruments
that the LA possesses and deliver the old instruments to
the new instrument manufacturer as a trade-in as part of
the purchase price of the nee instrumeots.
3. Provide technical assistance and guidance as necessary
irk through certified technical supervisors to the LA to
enable that LA to maintain the instruments in good con-
dition an-1 effective voc'.ir.g prier. T'ti7 t»;,tame
shall include, as a minimu.n:
` a. Providin3 the LA with a copy of the TCBTR. =
lL b. Making available to the LA instrument operators and
teC'tn±r-ll superVtsor; the npportuni_y to recei•;e
treinirl, in the oparrtion and maintenance of the
instr•i-.ents throu h schools that are certified by
DPS.
C. Having certified technical supervisors calibrate,
perform all technical r*.aintenancc on, and certify
the instruments in the LA in accordance with the
provisions stated in the TCBTR.
4. Monitor the LA testing pro;rma to insure testin3
L integrity and compliance with breath testing regula-
tions.
M Page 3 of 8 Pages
Agenda Item No. 11.e.
2
5. Acting on behalf of DHPT;, physically inventory at laast 1
once annually the instruments and equipment placed with
the LA. The is✓entory will •yeti`; the preseaze of ,he
user identi°icatton number of the instrument, the
instrument description, includin3 manufacturer's serial
number, and the instrument location. A certification or
the performance of this inventory will be submitted to
DHPT, File D-18TS.
=ice= :`•' ?= .^ ,..-_ :== -_:::7 6. Remove and relocate any instrument not being used or
maintained so as to insure.an effective breath' testing
program. 1-
IV. This agreement pertains only to physical possession and main-
tenaace of the breath testing equipment shown on Attachment A
and not to the agreement between DPS and the LA under which that
LA participates in a certified chemical breath test program. }
V. No modification to any instrument shall be made without prior
written approval from the Office of the Scientific Director of
the DPS; modification of any instrument without prior written
approval shall be grounds for removal of such instrument pro-
vided under this agreement.
VI. This agreement shall terminate upon the end of the useful life
of the equipment (including replacement equipment provided pur-
suant to Article III-B-S) or upon termination of tie local
breath test program, whichever occurs first.
Page 4 of 8 Pages
Agenda Item No. 11.e.
i
THE CIT:" OF WIC:3 I'.1, FALLS T:rc STATE Oe TE 1%S
Certified as being executed
APPROVED: to carry out the orders,
policies, or approved and
authorized work programs of
the DPS:
._ Mayor .
Director,
Department of Public Safety
j Date:
Date: •.
Certified as being executed
ATTEST: for the purpose and effect of
activating and/or carrying
out the orders, established
policies, or work programs
heretofore approved and
Secretary authorized by the State
Highway and Public
Transportation Commission:
APPROVED AS TO F03.K:
t Assistant Engineer-Director SDHPT
- Executed and approved for the
SDHPT under authority of
Minute Order 77446
Title:
Date:
Z'� RECO;4•lENDED FOR E!CECUTION:
Chief Engineer
....>. f ....
Safety & Maintenance _
„��3si;,Y�t;F:c�+�:�t�= ,��•,"'.�'iai Operations Division
[L Director, Finance Division
L 4
Page 5 of 8 Pages
Agenda Item No. 11.e.
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