HomeMy WebLinkAbout5H JPA with MN Dept Public SafetyCITY COUNCIL AGENDA REPORT
MEETING DATE: February 22, 2011
AGENDA #: 5H
PREPARED BY: Bill O'Rourke, Chief of Police
PRESENTER: Bill O'Rourke
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE
MAYOR AND CITY MANAGER TO ENTER INTO A JOINT POWERS
AGREEMENT WITH THE MINNESOTA DEPARTMENT OF PUBLIC
SAFETY FOR THE DISTRIBUTION OF BREATH TESTING EQUIPMENT
DISCUSSION: Introduction
The purpose of this agenda item is to ask the Council's approval for a Joint
Powers Agreement between the Minnesota Department of Public Safety,
Bureau of Criminal Apprehension, Forensic Science Laboratory and the
Prior Lake Police Department for the distribution of a DataMaster DMT -G
with Fuel Cell Option breath testing equipment and to authorize the Mayor
and City Manager to execute the agreement on behalf of the City.
History
Since shortly after the new facility opened in September of 2006, the Prior
Lake Police Department has had an Intoxilyzer 5000 machine used to
collect a breath sample from drivers suspected of operating a vehicle while
under the influence of alcohol. This machine has been provided to the
Department by the Minnesota Bureau of Criminal Apprehension. Recent
Minnesota Court decisions have resulted in the discontinuation of the use
of this type of machine.
Current Circumstances
The DataMaster DMT -G with Fuel Cell Option is the machine selected by
the State to replace the Intoxilyzer 5000. The Joint Powers Agreement
provides that the State will provide the City with the new equipment to
include 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. The Prior Lake Police Department will use and have
possession of the instrument; but the State shall retain legal ownership of
the instrument.
The Prior Lake Police Department will use the instrument to assist in
enforcing Minnesota laws and local ordinances relating to traffic and
highway safety and for other law enforcement applications.
ISSUES: The previous equipment used to test alcohol levels may no longer be used.
This new piece of equipment is deemed to be reliable and accurate. The
City must be able to verify that a driver has a blood alcohol level exceeding
state minimums before taking any enforcement action. The City's strategic
plan confirms our desire to foster a safe and healthy community.
Enforcement of drug and alcohol laws is one way to accomplish this
objective.
FINANCIAL The breath machine is provided to the Department by the State. Any and
IMPACT: 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. The Prior Lake Police Department will be responsible for
any and all costs of repairing or replacing the instrument that is lost or
damaged due to misuse or abuse.
The Department will provide and maintain all disposable and consumable
components originally provided by the State, such as mouthpieces, dry gas
cylinders, printer toner cartridges and paper through its operating budget.
The City Attorney has reviewed the Agreement.
ALTERNATIVES: 1. Adopt the Resolution approving the joint powers agreement and
authorizing the Mayor and City Manager to sign the Agreement on
behalf of the city.
2. Deny approval and direct further action.
RECOMMENDED Alternative #1.
MOTION:
Reviiewed by
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Frank oyles, !City Manager
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4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 11 -XX
A RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENT
WITH THE PRIOR LAKE POLICE DEPARTMENT FOR THE DISTRIBUTION OF
DATAMASTER DMT -G WITH FUEL CELL OPTION EVIDENTIAL BREATH TESTER
INSTRUMENT
MOTION BY:
SECOND BY:
WHEREAS, the Prior Lake Police Department, as part of its responsibilities of enforcing
Minnesota laws relating to traffic and highway safety, stops motor vehicle
operators suspected of driving while under the influence of alcohol in violation of
those laws; and
WHEREAS, the State of Minnesota, acting through its Commissioner of Public Safety, Bureau
of Criminal Apprehension, Forensic Science Laboratory is authorized to distribute
DataMaster DMT -G with Fuel Cell Option breath test instruments used in
determining the blood alcohol content of a sample obtained from a vehicle
operator for such enforcement purposes; and
WHEREAS, the Prior Lake Police Department is in need of such an instrument and is duly
qualified and willing to perform and carry out the services and tasks described in
a Joint Powers Agreement between the City and the Bureau of Criminal
Apprehension which describes the responsibilities of each party regarding the
equipment
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR
LAKE, MINNESOTA that:
1. The recitals set forth above are incorporated herein.
2. The Mayor and City Manager are authorized to execute the Joint Powers Agreement
pertaining to the DataMaster DMT -G with Fuel Cell Option breath test instrument.
Adopted this 22nd day of February 2011.
City Manager, City of Prior Lake
Yes
No
M ser
M ser
Erickson
Erickson
Hedberg
Hedber
Keene
- Keeney
Soukup
Souku
City Manager, City of Prior Lake