1981-06-17 Regular Meeting - Laserfiche WebLink

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~i r ac~zL:IENT T'.i~ STaTc. OF TdY.AS COUNTY OF TILIVIS I. This AC:2Ii~'t~aT between the State of Texas, actinr, throug'.i its Departments of :iir~hways and Public Transportation (DllPT) and of Public Safety (DPS), and the City of La Porte, hereinafter cited as the Local Agency (La), acting through its- authorized officers, witness~th: II. The DEPT 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 rotor vehicle by a driver whose faculties or abi- lities are or ray be impaired by alcohol. To scco:nplish these purposes, these three entities agree to • cooperate in a prograa in which breath testing devices belonLing to the State of Texas and maintained on the inventory of DiiPT will be placed in the possession of the LA for its use in a pro~raa coordinated by and conducted in accordance with the rules and regulations of DPS, including the Texas Chemical Breath Test neFulations (TCBTi:). The La acknowledges that it has requested the benefits of this progran as a part of its local highway safety program and in furtherance of its govern;nental responsibilities, and therefore consents to participate in this program and accepts possession of these devices. III. The parties further agree as follotrs: A. The DIiPT agrees to furnish instruments and security cabinets to the DPS for distribution to the La. It is specifically agreed bet~+•een the parties that the Di3PT is to retain title to the instruments and security cabinets and to retain them on its inventory of accountable assets. DPS is not to Lie held responsible or accountable for instruments or security cabinets. B. The LA agrees to: • 1. Take possession from c~PS of the breath test 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 DFiPT. 2. Deliver to 1)PS all existing breath test instruments currently in its possession to be used as a trade-in on the rurchase of the new instruments. 3. Control, protect, and preserve the newly received instruments and allied equipment, exercising with regsrd to such property such care as would be exercised by a reasonably careful owner. 4. ilaintain the instruments in wood condition an~1 effective working order, with the technical assistance of DPS as set forth in C-3, below. 1