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HomeMy WebLinkAboutResolution - 840 - Agreement - TDHPT - Traffic Safety Program - 06/18/1981e RESOLUTION 840 - 6/18/81 DGV:pc BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: j THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an agreement between the State of Texas, acting through its Departments of Highways and Public Transportation and of Public Safety and the City of Lubbock to partici- pate in a statewide traffic safety program, including expenditure of traffic safety funds for property to be used in program activities. Said agreement, attached hereto, shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 18th day of June ,1981. B Mc IS R, MAY R ATTEST: Evelyn Ga fga, C t c ary-Treasurer --APPROVED AS TO FORM: G. Vandiver, Assistant City Attorney APPROVED AS TO CONTENT: Dickey ChI Hers, Admin. Asst. City Manager's Office 1 RESOLUTION #840 - 6/18/81' AGREEMENT THE STATE OF TEXAS COUNTY OF TRAVIS I. This AGREEHEtaT between the State of Texas, actin, through its Departments of Highways and Public Transportation (DUPT) and of Public Safety (DPS), and the City of Lubbock, hereinafter cited as the Local Agency (LA), acting through its authorised offi- cers, wituesseths 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 expen- diture of traffic safety funds for property to be used in program activities. The DPS is charged with the administration of a statewide breath testing program involving all law enfor- cement agencies in the state. The LA, as part of its respon- sibility for protecting the safety ,and welfare of its citizens, is responsible for enforcing laws 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 this inventory of DHPT will be placed in the possession of the LA for its use in a program coordinated by and conducted in accordance with the rules and regulations of DPS, including the Texas Chemical Breath Test Regulations (TCBTF. . 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 DUPT agrees to furnish instruments and security cabinets to the DPS for distribution to the L•A. It is specifically agreed between the parties that the DUPT is to retain title to the instruments and security cabinets and to retain these on its inventory of accountable assets. APS is not to be held responsible or accountable for instruments or security cabinets. $. The LA agrees tot 1. Take possession from DPS of the breath tent instruments and allied equipment listed on Attachment A, under- standing that these instruments and allied equipment are and remain the property of the State of Texas and are accountable on the inventory of DHPT. 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 preserve the newly received instruments and allied equipment, exercising with regard to such property such care as would be exercised by a j reasonably careful owner. 4. Maintain the instruments in good condition and effective working order, with the technical assistance of DPS as set forth in C-30 below. I S. Replace the instruments and equipment received in the *vent of loss, theft, accident, or circumstances other than normal spear, so long as the equipment is necessary for the operation of the local breath testing program. b. Cooperate with DPS in its meeting its responsibilities for administration of the breath testing program bye so maintaining and operating the instruments in accor— dance with the TC— BTR and directives from the Office of the Scientific Director of DPSt b. permitting DPS to monitor local testing programs to Insure testing integrity and compliances with breath testing regulations; c. permitting DPS, through certified local technical supervisors, to calibrate and perform technical maintenance onj and to certify the instruments in accordance with the TCBTR* 7. Cooperate with DUPT in its maintaining accurate inven— tory records concerning the instruments, particularly by slaking the instruments available to DHPT (acting through certified technical supervisors) for inventory at rea— sonable tines and upon reasonable notice. g. Send their certified operators to schools certified by the Office of the Scientific Director of LIPS for addi— tional training on the new instruments. The funding of the additional training will be the responsibility of the LA. Co The DPS, through the Office of the Scientific Director, agrees tot 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 neer instrument manufacturer as a trade—in as part of the purchase price of the nese instruments. 3. Provide technical assistance and guidance as necessary through certified technical supervisors to the LA to enable that LA to maintain the instruments in good con— dition and effective working order. This assistance shall include, as a minis: a. Providing the LA with a copy of the ?C, TEL. b. Making available to the LA Instrument operators and technical supervisors the opportunity to receive training in the operation and maintenance of the Instruments through schools that are certified by DPS. c. Having certified technical supervisors calibrate, perform all technical maintenance on, and certify the Instruments in the LA in accordance with the provisions stated in the TCBTR. 4. Monitor the LA testing progrza to insure testing Integrity and co,apllance with breath testing regula— tions. 2 5. Acting; on behalf of DHPT, physically inventory at least once annually the instruments and equipment placed with the LA. The inventory will verify the presence of the user identification number of the instrument, the instrument description, including manufacturer's serial number, and the instrument location. A certification of the performance of this inventory will be submitted to DHPT19 Pile D-18TS. 6. Remove and relocate any instrument not being used or maintained so as to Insure an effective breath testing program. IV. This agreement pertains only to physical possession and main- tenance 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 progran. V. wo modification to any instrument shall be made without prior written approval from the Office of the Scientific Director of the DPS; modification of any inatrument 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—g-5) or upon termination of the local breath teat progra# whichever occurs first. 3 THE STATE OF TEXAS EZ CITY OF LQSBOCK w ,. Certified as being executed APPROVED: to carry out the orders, policies, or approved and authorized work programs of CITY OF LUB TEXAS the DPS: t By MayoOF Bill McAlister Q Director, Department of Public Safety Date: 10- fig. P/ ATTEST: Secretary APPROVED AS TO FORM: Title: ,st C t Its i ©Vyl9-Ll- APPROVED AS TO CONTENT: Title: 4 Date: Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation Commission: 44. . - A89tarlISt Engin er-Director SDHPT Executed and approved for the SDHPT under authority of Minute Order 77446 Date: %—/D - ?/ RECOMMENDED FOR EXECUTION: &QI"2 C. . c 9, Chi f Engineer Safety & Maintenance Operations Division Dir2cto Finance Division 41 41 z O 41 � m P rn w w O 41 41 M V Lr) Ln A 41 r'I � 0 0 o L o '= ao 0 n?0 0 N dU d Q M to V 'r W Q fl W ON O7 O� d �wU.0 \ Ln\ U! = US J Wr4 V-4 z co Go O O 3 O O \ \ F LU Q O \ Lf)N •'' o M v1 U O O L Q r W cc CD N 01 U 2 rNi LL J O Z .0 �Q I N `w N as L c U ^ $4 ZN O O 04 ,- O (h r'I H LUO x c O A~ O U 4! v O _O t4q, w a� 44.9 01 m U N m= m mo E =Nd =3�r Im/1C>>.m.7y nca� �L� L O C.- d r .. 2 •-c 0 O m E. a E m C c N C O N 0 (DM %atm �4)ai Zc0 ►-_T m„E '.:O-mLCC0 C mww ° W•- C 3990 V V_ N(%% U) -m O� m N m = w - w m ” a 0 H -- C O NpCOCm E -a..m_. 6 L., c C V /c0 - N•- L j e >e a0 � C CL m 'V O G � enL Via C- C 3 N m N y O 0 mm19Emv..c G m a m 0 c m m 4) .2 rro 0 me mWC>mam y v m m c m m c mw CrL 9 X /p •VLNm`m OIT OM M O.0m - -w m N C O r0 TS .c a•- m m y N Q ra c m r.c >oMmm, ,SE -2 WO Om E 9 C ='C'O 9 j m p; -•m c'cL O as Ct c «.Em .mNIO N. 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