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HomeMy WebLinkAboutItem 06.gApril 4, 2011 LAKEVILLE POLICE DEPARTMENT TO PARTICIPATE IN A JOINT POWERS AGREEMENT WITH THE MINNESOTA DEPARTMET OF PUBLIC SAFETY TO ALLOW USE OF THE DATAMASTER DMT -G EVIDENTIAL BREATH TEST INSTRUMENT Proposed Action Overview Item No. Staff recommends adoption of the following motion: Move to approve the Resolution to authorize the Lakeville Police Department to enter into a joint powers agreement with the Minnesota Department of Public Safety. Passage of this motion will result in the Lakeville Police Department being able to use the Datamaster DMT -G which is the replacement for the Intoxilyzer 5000 as the evidential breath test instrument authorized by the State of Minnesota. The Intoxilyzer 5000 has been the authorized evidential breath test instrument for the State of Minnesota for over 25 years. In that time, there have been significant technological advances in many areas, including breath testing technology. The State of Minnesota has updated their breath test instrumentation and will deploy the Datamaster DMT -G in 2011. Primary Issues to Consider • Failure to use an evidential breath test instrument in prosecuting impaired driving cases will negatively impact conviction rates and will potentially increase court appearances, thus increasing court costs. Supporting Information • See attached Joint Powers Agreement. CI ,� Thomas Vonhof Chief of Police Financial Impact: $ Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: ATTEST: Charlene Friedges, City Clerk CITY OF LAKEVILLE RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY OF LAKEVILLE TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF PUBLIC SAFETY TO USE THE DATAMASTER DMT -G WITH FUEL CELL OPTION EVIDENTIAL BREATH TEST INSTRUMENT WHEREAS, the City of Lakeville desires to continue to identify, arrest and prosecute impaired drivers; and WHEREAS, the State of Minnesota, Department of Public Safety, will be replacing the Intoxilyzer 5000 with the Datamaster DMT -G as the State authorized evidential breath test instrument; and WHEREAS, the State of Minnesota requires a Joint Powers Agreement with the City of Lakeville prior to distributing and installing the Datamaster DMT -G; and WHEREAS, the City Council of the City of Lakeville has duly considered this matter and believes that it is in the best interest of the City to enter into a Joint Powers Agreement with the State of Minnesota, Department of Public Safety to facilitate impaired driving enforcement. NOW, THEREFORE, BE IT RESOVLED that the City Council hereby authorizes the Mayor and City Clerk to execute a Joint Powers Agreement with the Minnesota Department of Public Safety for the Datamaster DMT -G. Adopted by the City Council of the City of Lakeville this 4 day of April, 2011. CITY OF LAKEVILLE BY: Mark Bellows, Mayor MN DEPARTMENT OF PUBLIC SAFETY DATAMASTER DMT -G WITH FUEL CELL OPTION EVIDENTIAL BREATH TESTER INSTRUMENT AGREEMENT (DISTRIBUTION OF EQUIPMENT TO LAW ENFORCEMENT AGENCIES) Contract # BCA -DMT -0086 THIS JOINT POWERS AGREEMENT, by and between the State of Minnesota, acting through its Commissioner of Public Safety, Bureau of Criminal Apprehension, Forensic Science Laboratory (hereinafter referred to as the STATE) and Lakeville Police Department (hereinafter referred to as the GOVERNMENTAL UNIT) witness that: WHEREAS, the STATE has received an appropriation to purchase DataMaster DMT -G with Fuel Cell Option breath test instruments and is authorized to distribute DataMaster DMT -G with Fuel Cell Option breath test instruments to criminal justice agencies and/or city, county, or political subdivisions; and WHEREAS, the GOVERNMENTAL UNIT represents that it is a criminal justice agency, or is a city, county, or political subdivision authorized to accept equipment/services from the STATE for the purpose specified herein; and WHEREAS, the GOVERNMENTAL UNIT represents that it is duly qualified and willing to perform and carry out the services and tasks described in this Agreement. NOW, THEREFORE, it is agreed: I. STATE'S RESPONSIBILITIES. A. The STATE will provide GOVERNMENTAL UNIT with a DataMaster DMT -G with Fuel Cell Option breath test instrument ( "instrument "), which includes a DataMaster DMT -G with Fuel Cell Option, initial dry gas cylinder, a keyboard, a keyboard carrel, a printer with a toner cartridge, and mouthpieces for use as specified under Clause 11 of this Agreement. The GOVERNMENTAL UNIT will use and have possession of the instrument; but the STATE shall retain legal ownership of the instrument. B. Any and all repairs shall be made by or at the direction of the STATE. If funding is available, the STATE will pay for the cost of maintenance and repair, or replacement due to normal wear and tear resulting from routine, proper use of the instrument. C. The STATE will maintain all necessary state and federal inventory control records on these instruments. GOVERNMENTAL UNIT RESPONSIBILITIES. A. The GOVERNMENTAL UNIT will use the instrument specified above to assist in enforcing Minnesota laws and local ordinances relating to traffic and highway safety and for other law enforcement applications. B. The GOVERNMENTAL UNIT will keep and maintain the instrument provided by the STATE in proper operating condition. The GOVERNMENTAL UNIT will also be responsible for any and all costs of repairing or replacing the instrument that is lost or damaged due to misuse or abuse. The GOVERNMENTAL UNIT will provide and maintain all disposable and consumable components originally provided by the STATE, such as DataMaster DMT -G with Fuel Cell Option mouthpieces, dry gas cylinders, printer toner cartridges, and paper and will supply all other necessary disposable and consumable components not provided by the STATE at the GOVERNMENTAL UNITS expense D. The GOVERNMENTAL UNIT will make this instrument available for use by any breath test operator certified by the STATE. E. The GOVERNMENTAL UNIT will not permit the instrument to be operated or tampered with by individuals who are not trained in its operation and certified by the STATE as DataMaster DMT- G with Fuel Cell Option operators. F. The GOVERNMENTAL UNIT will make the instrument available to STATE authorized personnel when required for inventory or inspection purposes. III. TERMS OF AGREEMENT This Agreement shall be effective on January 1, 2011 or upon the date that the final required signature is obtained by the STATE, pursuant to Minn. Stat. § 16C.05, Subdivision 2, whichever occurs later, and shall remain in effect until the instrument is no longer used and supported by the STATE or until terminated by either of the parties as provided in Clause IV below, whichever occurs first. At the end of this Agreement, the STATE will notify the GOVERNMENT UNIT if they are required to return the instrument to the STATE. IV. TERMINATION This Agreement may be terminated by either the STATE or GOVERNMENTAL UNIT at any time, with or without cause, upon ten (10) days written notice to the other party. The instrument must be returned to the STATE within 30 days of the termination date, and if the GOVERNMENTAL UNIT fails to return the instrument within this time period the GOVERNMENTAL UNIT agrees to pay the STATE the cost of replacing the instrument and payment will be made to the STATE within 30 days of receipt of invoice. V. STATE'S AUTHORIZED REPRESENTATIVE The STATE'S authorized representative agent for the purposes of this Agreement is Frank C. Dolejsi or his designee, Department of Public Safety, Bureau of Criminal Apprehension, Forensic Science Laboratory, 1430 Maryland Avenue East, St. Paul. MN 55106. Such representative will have final authority for acceptance of the GOVERNMENTAL UNIT'S services. VI. ASSIGNMENT GOVERNMENTAL UNIT shall neither assign nor transfer any rights or obligations under this Agreement without the -prior written consent from the STATE. VII. LIABILITY GOVERNMENTAL UNIT shall indemnify, save and hold the STATE, its agents and employees, harmless from any claims or causes of action, including all attorneys' fees incurred by the STATE, arising from the performance of this Agreement by GOVERNMENTAL UNIT or GOVERNMENTAL UNITS agents or employees. This clause will not be construed to bar any legal remedies GOVERNMENTAL UNIT may have for the STATE's failure to fulfill its obligations pursuant to this Agreement. GOVERNMENTAL UNIT'S liability shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes, Section 466.01- 466.15 and other applicable law. VIII. STATE AUDIT Under Minn. Stet § 16C.05, subd 5, the GOVERNMENTAL UNIT'S books, records, documents and 2. GOVERNMENTAL UNIT Governmental Unit certifies that the appropriate person(s) have executed this Agreement on behalf of Governmental Unit as required by applicable articles, by -laws, resolutions, or ordinances. 3. DEPARTMENT OF PUBLIC SAFETY By: Title: Mayor Date: April 4, 2011 By: Title: Date By: Title: City Clerk Date April 4, 2011 1. State Encumbrance Verification 4. DEPARTMENT OF ADMINISTRATION No encumbrance required: By: Date: By: Date: IX VENUE IN WITNESS WHEREOF, the parties have caused this Agreement to be executed intending to be bound thereby. APPROVED accounting procedures and practices relevant to this Agreement are subject to examination by the STATE, and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Minnesota law, without regard to its choice -of -law provisions, governs this agreement. Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota.