O-1981-1265 - Laserfiche WebLink

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(~,. !l- t' -- ACR:Z~ LENT r---. Tm~ S'l'AT~ OF 'r~Y,^S COUNTY OF TRAVIS I. This .'\Ca.E'::~tE~rT betveen the State of Texas, acting throus:, its :Jepartl'lents of ai~hways and Public Transportation (Dll?T) and of Public ~afety (DPS), and the City of La Porte, hereinafter cited as the Local Agency (LA), acting through its. authorized officers, witness~h: , II. The Dl!PT is char~ed with coordinatin~ and cooperating with other de~artments of the State and with political subdivisions of the St~te 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 prozram involving all lal~ enfor- cement agencies in the state. The LA, as part of its respon- sibility for protectin3 the safety and welfare of its citizens, is responsible for enforcing laws and ordinances concernin3 operation of a ootor vehicle by a driver whose faculties or abi- lities are or l'J8.y be bpaired by alcohol. / To 3cco~plish these purposes, these three entities agree to coo~erate in a prograo in which breath testing devices belonging to the State of Texas and maintained on the inventory of DUPT will be placed in the possession of the LA for its use in a prograc coordinated by and conducted in accordance with the rules and re3ulations of DPS, including the Texas Chemical Bre3th Test ~ep'ulations (TCBTR). The LA acknowledges that it has requested the benefits of this progralll 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 follo\lS: ..-' A. The DHPT a~rees to furnish instruoents and security cabinets to the DPS for distribution to the LA. It is specifically agreed hetween the parties that the DaPT is to retain title to the instruI.Jlents 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 cabinets. ~. The LA agrees to: 1. Take possession fro~ DPS of the breath test instruments and allied equipment listed on,. Attachment A, under- standing that these instruments and allied equipoent 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 rurchase of the new instru~ents. 3. Control, protect, and preserve the newly receiverl instruments and allied equip::lent, exercising with regard to such property such care as t"ould be exercised by a reasonably careful owner. ,..--.. 4. Haintain the instru::1ents in ciood condition an:! effective work.ing order, with the technical assistance of DPS as set forth in C-3, below. 1 ... ... . ,",\0