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HomeMy WebLinkAbout08-11-88-11 - Resolution - 08/11/1988RESOLUTION NO. 08-11-88-11 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH NORTH HARRIS COUNTY COLLEGE FOR THE SERVICE OF THE COLLEGE STATION INTOXILIZER. WHEREAS, the City of College Station is required by law to have a serviced and maintained intoxllizer since it has chosen to utilize an intoxilizer on its premises; and WHEREAS, the City of College Station has an intoxllizer on its premises for use in evaluating driving while intoxica- ted cases; and WHEREAS, the intoxlllzer instrument requires regular month- ly maintenance and solution preparation; and WHEREAS, the City of College Station has no employee quali- fied to maintain and service the intoxilizer instrument or annually certify its peace officers for intoxilizer opera- tion; and WHEREAS, North Harris County College can provide qualified personnel to service the instrument, ~ncludlng responding on an emergency basis in the event that the instrument is not properly functioning; and WHEREAS, North Harris County College can supply solutions for the instrument; and WHEREAS, North Harris County College can provide qualified personnel who can annually certify College Station peace officers for intoxilizer operation. NOW, THEREFORE, BE IT RESOLVED by the C~ty Council of the City of College Station that the City Manager is authorized to enter into the attached agreement, contracting with North Harris County College for North Harris County College to provide technical supervisors to the C~ty from October 1, 1988 to September 30, 1989. PASSED and APPROVED this llthday of Auqust , 1988. ATTEST: SE APPROVED: SERVICE AGREEMENT THE STATE OF TEXAS) ) COUNTY OF BRAZOS ) KNOW ALL MEN BY THESE PRESENTS THIS SERVICE AGREEMENT is entered into by and between the CITY OF COLLEGE STATION, a Texas Municipal corporation (hereinafter referred to as "CITY"), and North Harris County College, a state college of Harris County, Texas, (hereinafter referred to as "COLLEGE") on this the day of , 1988. The parties hereby convenant and agree as follows: 1. COLLEGE agrees to provide Technical Supervisors to CITY from October 1, 1988 to September 30, 1989. The parties agree that COLLEGE will provide Technical Supervisors under the Breath Alcohol Testing Program to oversee the utilization of an intoxilyzer instrument owned by CITY and located in the City of College Station Police Department. 2. CITY shall pay COLLEGE the sum of Ten Thousand One Hundred Dollars ($10,100.00) annually, payable at the rate of Two Thousand Five Hundred and Twenty Five Dollars ($2,525.00) per quarter beginning October 1, 1988. '--3-. COLLEGE will ~rovide Technica~ Supervisors, who shall perform their duties on a month-to-month basis. Either CITY or COLLEGE may give ninety (90) days written notice to the other party terminating this agreement. Payments shall be prorated based upon the termination date. EXECUTED this the 4. COLLEGE shall have Technical Supervisors available on 24-hour call for the repair and maintenance of the breath testing equipment. COLLEGE agrees that the Technical Supervisors provided shall respond in the shortest reasonable time in order to insure minimal down time for the breath testing facility. 5. The Technical Supervisors provided by COLLEGE shall supervise CITY'S Breath Alcohol Testing Program in compliance with the Texas Breath Alcohol Testing Regulations. This supervision shall include the performance of training necessary to maintain a high level of operator proficiency, repair and maintenance of the Intoxilyzers, and allied equipment. 6. The Technical Supervisors provided by COLLEGE shall serve as custodians of the records of all breath testing activity of CITY. 7. The Technical Supervisors provided by COLLEGE shall be available to testify in court proceedings when and where necessary, upon notification by the appropriate prosecuting authority. 8. The Technical Supervisors provided by COLLEGE shall furnish at their expense the necessary chemical solutions, and CITY'S Police Department shall order breath testing related equipment and supplies. CITY shall maintain a necessary level of these supplies on hand. day of , 1988. - '6842 Approve~a~o Form: Cathy Locke ~-~ City Attorney .-% Approved ~I t,o F6nding: Bill ffarr ison Finance Director CITY OF COLLEGE STATION Ron RaglanS/ City Manager NORTH HARRIS COUNTY COLLEGE By: THE STATE OF TEXAS * · ACKNOWLEDGMENT COUNTY OF BRAZOS * This instrument was acknowledged before me on this the /&~ day of ~ , 1988 by Ron Ragland, as City Manager for the City of College Station, Texass, on behalf of said city. NOTARY PUBLIC in and for The State of Texas My Comm. Expir~s:c~J~ Printed Name: ~A/~/t'~ ~.~ THE STATE OF TEXAS * COUNTY OF HARRIS * ACKNOWLEDGMENT This instrument was acknowledged before me on this the of , 1988, by , as day college. for North Harris County College, on behalf of said NOTARY PUBLIC in and for The State of Texas My Comm. Expires Printed Name ,...6843