Ordinance No. 3,19010625 -10
ORDINANCE NO. 3190
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR OF THE
CITY OF BAYTOWN TO EXECUTE AND THE CITY CLERK TO ATTEST
TO AN AGREEMENT WITH THE DEPARTMENT OF HIGHWAYS AND
PUBLIC TRANSPORTATION AND OF PUBLIC SAFETY; AND PROVIDI-
NG FOR THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN:
Section 1: That the City Council of the City of Baytown
hereby authorizes and directs the Mayor and City Clerk of
the City of Baytown to execute and attest to an Agreement
with the Department of Highways and Public Transportation
and the Department of Public Safety to replace breath testing
devices presently owned by the City with new breath test
instruments owned by the State of Texas. A copy of said
Agreement is attached hereto, marked as Exhibit "A ", and
made a part hereof for all intents and purposes.
Section 2: That this ordinance shall take effect from
and after its passage.
INTRODUCED, READ and PASSED by the affirmative vote of
the City Council of the City of Baytown, this the 25th day
of June
, 1981.
d
METT 0. HUTTO, P,iayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
Aft
ANDALL B. STRONG, City At rney
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"EXHIBIT A"
10625 -10b
AGREEMENT
THE STATE OF TEXAS ' .
COUNTY OF TRAVIS
I. This AGREEMENT between the State of Texas, acting through its
Departments of Highways and Public Transportation (DHPT) and of
Public Safety (DPS), and the City of Baytown, hereinafter cited
as the Local Agency (LA), acting through its authorized offi-
cers, witnesseth:
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 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 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 (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 BPS for distribution to the LA. 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
cabinets.
B. The LA agrees to:
1. Take possession from DPS 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 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
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 -3, below.
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10625 -10c
5. Replace the instruments and equipment received in the
event of loss, theft, accident, or circumstances other
than normal wear, so long as the equipment is necessary
for the operation of the local breath testing program.
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 TCBTR 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;
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-
tory records concerning the instruments, particularly by
making the instruments available to DEPT (acting through
certified technical supervisors) for inventory at rea-
sonable times and upon reasonable notice.
S. 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 new 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 minimum:
a. Providing the LA with a copy of the TCBTR.
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,
verform 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 prograa to insure testing
integrity and compliance with breath testing regula-
tions.
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10625 -10d
5. Acting on behalf of DEPT, 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
DHPT, File D- 18TS..
b. 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 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 -5) or upon termination of the local
breath test program, whichever occurs first.
3
THE CITY OF BAYTOWN
APPROVED:
VMS' -
Date: Lz�
ATTEST:
Secretary
APPROVED AS TO FORM:
Title:
4
10625 -10e
THE STATE OF TEXAS
Certified as being executed
to carry out the orders,
policies, or approved and
authorized work programs of
the DPS:
Director,
Department of Public Safety
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:
Assistant Engineer - Director SDHPT
Executed and approved for the
SDHPT under authority of
Minute Order 77446
Date:
RECOMMENDED FOR EXECUTION:
Chief Engineer
Safety & Maintenance
Operations Division
Director, Finance Division
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