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CC - Purchase of Speed Monitoring Awareness Rado Tool - Box 0670 TO: HONORABLE MAYOR AND MEMBERS ROSEMEAD CITY COUNCIL FROM: FRANK G. TRIPEPI, CITY MANAGER DATE: JUNE 21, 1990 RE: PURCHASE OF SPEED MONITORING AWARENESS RADAR TOOL (SMART) Attached for the Council's review is a letter from the City of Duarte indicating its desire to sell a half interest in a Speed Monitoring Awareness Radar Tool (SMART). The letter was received by way of the City of Temple city, who retains the other half interest in the instrument. Temple City is requesting that the City of Rosemead purchase Duarte's interest in SMART and share the operation of that equipment on a 50/50 basis. The City of Duarte is selling its half interest in order to purchase an additional SMART trailer for full-time use in that City. The total cost for purchasing the half interest in the equipment would be $3,197.56, plus the City's share of any maintenance costs which may result. SMART is a mobile radar/speed display trailer which indicates to passing motorists the speed at which they are travelling. The instrument is towable and has been proven effective in slowing down traffic in areas where excessive speed is a problem. It has no enforcement capacity, but it would prove to be valuable on streets within the City where excessive vehicle speeds have been,frequently noted. It has been in use in Temple City and Duarte since November 1989, and is expected to operate efficiently for another seven years. COUNCIL AGENDA JUN 2 6 1990 ITEM No. Page 2 The attached agreement between the cities of Temple City and Duarte indicates that each party retained possession of the trailer for six (6) months each year, in two-week increments. Should the Council wish to purchase Duarte's interest in the device, it would be appropriate to allocate $3,197.56 from Appropriated Reserves for purchase and authorize the City Manager to enter into an agreement with Temple City regarding the trailer's usage. The language of any new agreement would roughly parallel the language in the attached document. It is recommended that the City Council allocate $3,197.56 from Appropriated Reserves for the purchase of a half interest in the Speed Monitoring Awareness Radar Tool (SMART) and authorize the City Manager to enter into an agreement with the City of Temple City regarding the machine's usage. FGT:js Attachment (19) TEMPLE, CITY C/H TEL No.818-285-8192 Jun 5,90 16:20 No.002 P.02 a 1z May 21, 1990 City. of.. T.>empl9 Sits' 9701 Las Tunas Drive Temple City, CA 91780 Attn: Karl Koski City Manager Dear Mr. Koski: The City of Duarte is interested in selling its share of the Speed Monitoring Awareness Radar Tool. (SMART) The total 'purchase price was $7,308.70 which was divided equally between our two cities upon delivery in November of 1989. since our original agreement indicated an eight year life expectancy for the unit, I believe that reducing the value by one eighth or $913.58 is a reasonable settlement. Therefore, half the depreciation subtracted from half the original cost equals $3,197.56. Please let me know if you would be interested in purchasing our share and if the.:indicated terms are accePUble.. . Sincerely, Jesse Du City Manager at RECEIVED MAY 311990 ADMINISTPAJIVE CITY Of TEMPLE CITY =Brzorib of the or2if7inal Anarzcr r)ruarzf(! Runcho Sixteen Hunarzed Huntington Onkle, Duarzte, CaliFarznia 91010 - 0318) 357-7931 TEMPLE. CITY C/H TEL No.818-285-8192 Jun 5.90 16:20 No.002 P.03 ~J ORIGINAL AGREEMENT FOR JOINT OWNERSHIP OF MOBILE TRAFFIC ZONE RADAR DEVICE CITY OF TEMPLE CITY AND CITY OF DUARTE This Agreement is made this 21sT day of N0VEM8E12. 19, between the City of Temple City, a municipal corporation, and the City of Duarte, a municipal corporation, with reference to the following facts: WHEREAS, Temple City and Duarte are authorized under Government code Section 6502 to jointly exercise by agreement any power common to each of them, and WHEREAS, Temple City and Duarte desire to jointly purchase, own, operate and maintain a mobile traffic zone radar device, and WHEREAS, Duarte, after soliciting and receiving bids, has contracted to purchase a mobile traffic zone radar device from Mnhila Traffic Zort2 Inc. , for the sum of $7,308.70 (tax included), and WHEREAS, the parties desire to set forth herein the terms and conditions under which they shall jointly purchase, own, operate and maintain said radar device, NOW, THEREFORE, Temple City and Duarte agree as follows: 1. Each party shall pay one-half of the total purchase price of the radar device, for a total contribution of $3,654.35 by each party. 2. Title to the radar device shall be held jointly by Temple city and Duarte. 3. Each city shall have the right to use the radar device for a maximum of six (6) months per calendar year in alternating increments 1 TEMPLE.CITY C/H TEL No.818-285-8192 Jun 5,90 16:20 No.002 P.04 of two weeks each unless otherwise agreed upon. Either party may use the radar device at any time with the consent of the other. Such adjustments or changes in the use schedule may be arranged between staff members, one each per city, as designated by each city. Such adjustments or changes shall be documented in writing and signed by both designees prior to the effective date thereof. unless otherwise notified, the Duarte designee shall be the Director of Safety Coordination and the Temple City designee shall be the Director of Public Works. At no time shall any employee of either party operate the radar device unless he or she has been properly trained in its use. 4. The radar device shall be stored in the users city yard, or Temple Sheriff's Station. The city using the radar device shall deliver it to the other city's city yard no later than 9:00 A.M. on the first business day of the other city's use period. 5. Except as provided in paragraph 118" of this Agreement, Duarte shall be responsible for providing all reasonable servicing and maintenance of the radar device. Temple City will reimburse Duarte for half of all such costs incurred therefor. 6. Each city may make the radar device and an operator available to outside agencies and to private enterprise, as the law permits, on its. scheduled use days or at such other times as are mutually agreed upon in writing. A rental fee for such other use shall be charged which is sufficient to cover the costs of labor, equipment, and overhead. The city providing the operator shall recover the actual cost for labor and overhead and any remaining amount shall be divided equally between the parties, such amounts to be distributed once each 2 TEMPLE. CITY C/H TEL No.818-285-8192 Jun 5,90 16:20 No.002 P.05 year. Each party shall be liable to account to the other on an annual basis regarding any such rental fees received and costs incurred in providing such services. 7. Neither city nor any officer or employee of either city shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by the other city or officer or employee of the other city under or in connection with any work, authority or jurisdiction delegated under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, each city shall fully indemnify, defend and hold harmless the other city and said other cities' employees from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by each city or each cities' officers or employees by or in connection with any work, authority or jurisdiction delegated under this Agreement. 8. Each party shall be responsible for any damage to the radar device when in its possession. Each party shall maintain adequate liability insurance in an amount not less than $1,000,000.00 to cover its use and operation of the radar device. 9. The term of this agreement shall be for the useful life of the radar device, or for eight years, whichever shall occur first. Should the parties at any time elect to sell the radar device, the proceeds therefrom shall be equally divided. Should either party desire to sell its interest in the radar device, the other party shall have the right of first refusal therefor. 10. This agreement and the rights and duties thereunder shall 3 TEMPLE CITY C/H TEL No.818-285-8192 Jun 5,90 16:20 No.002 P.06 a. not and may not be assigned to any other person or party by either city without the prior approval of the City council of the other city. 11. Any written notice to be given under this agreement shall be deemed to be given if placed in the United States mail, with the necessary postage thereon, addressed as follows: If to Temple City: City of Temple City 9701 Las Tunas Drive Temple City, CA 91780 Attention: Director of Public Works if to Duarte: City of Duarte 1600 Huntington Drive Duarte,. CA 91010 Attention: Director of Safety Coordination IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the date first written above. TTEST: CITY OF \ DUAR T E r y G- 7 By Duart City Clerk Mg it APPR ED S TO FO / CITY OF TEMPLE CITY uarte City -At . tOrn6Y John F: awson.. By AmmRA D Mayor Wimple. Oz .xPC g._. APPROVED AyORM: 4