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Resolution No. 2012-061RESOLUTION NO. 2012-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A SPEED TRAILERS VEHICLE JOINT USE AGREEMENT BETWEEN AREA E AGENCIES REGARDING THE COOPERATIVE USE OF THE SPEED TRAILERS WHEREAS, the City of Vernon and various other cities located in the southeast area of Los Angeles County are members of the Area E Civil Defense and Disaster Organization; and WHEREAS, in 2010, the Office of State Homeland Security provided funding to Los Angeles County for the purchase of two speed trailers equipped with an automatic license plate reader system to be used by Area E law enforcement agencies; and WHEREAS, the City of South Gate Police Department was selected as the host agency and is responsible for the storage, maintenance, and for making the speed trailers available to Area E agencies; and WHEREAS, the Area E law enforcement agencies that want access to the speed trailers are required to enter into a joint use agreement setting forth the terms and conditions for the cooperative use of the speed trailers; and WHEREAS, each Area E law enforcement agency entering into the joint use agreement will need to make an annual maintenance contribution of approximately $50.00 due on July 15th of each year; and WHEREAS, the City desires to enter into the Speed Trailers Vehicle Joint Use Agreement between Area E Agencies and authorize payment of the annual maintenance contribution; and WHEREAS, the City Council of the City of Vernon has determined that, pursuant to the provisions of subsection (a) of Section 2.27 of the Vernon City Code, it is in the public interest and necessity to enter into a contract with Area E law enforcement agencies for the cooperative use of the speed trailers to enhance services provided to the Vernon community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves the Speed Trailers Vehicle Joint Use Agreement between Area E Agencies, in substantially the same form as the copy which is attached hereto as Exhibit A. SECTION 3: The City Council of the City of Vernon hereby authorizes the Interim Chief of Police to execute said Agreement for, and on behalf of, the City of Vernon and the City Clerk, or Deputy City Clerk, is hereby authorized to attest thereto. SECTION 4: The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized. SECTION 5: The City Council of the City of Vernon hereby directs the City Clerk, or the City Clerk's designee, to send two executed Agreements to the City of South Gate Police Department. - 2 - SECTION 6: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 1st day of May, 2012. Name: William J. Davis Title: t4�/ Mayor Pro-Tem - 3 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2012-61, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, May 1, 2012, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this 3 day of May, 201 at Vernon, California. llar m g chi, ity Clerk (SEAL) - 4 - EXHIBIT A Contract No. 2774 SPEED TRAILERS VEHICLE JOINT USE AGREEMENT BETWEEN. AREA "E" AGENCIES This Speed Trailers Vehicle Joint Use Agreement ("Agreement") is entered into this by and between the City of Bell, a California municipal corporation; the City of Bell Gardens, a California municipal corporation; the City of Downey, a California municipal corporation; the City of Huntington Park, a California municipal corporation; the City of Montebello, a California municipal corporation; the 'City of South Gate, a California municipal corporation; the City of Vernon, a California municipal corporation; and the City of Whittier, a California municipal corporation (hereinafter, collectively, the "Parties" and individually, a "Party"). The effective date of this Agreement shall be July _, 2011. RECITALS WHEREAS, the City of South Gate is the registered owner of the two (2) Area "E" Law Enforcement Mutual Aid ALPR Speed Trailers (the "Speed Trailers"); and WHEREAS, the Police Departments of the Parties constitute the Area "E" law enforcement agencies, as shown in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the Speed Trailers are intended to benefit all Area "E" law enforcement agencies; and WHEREAS, the Parties desire to enter into this Agreement to, establish the cooperative use of the Speed Trailers. NOW, THEREFORE,,in consideration of the mutual covenants and conditions set forth herein and other consideration, the sufficiency of which is hereby acknowledged, the parties agree, as follows: AGREEMENT 1. Protocol. The Parties agree to abide by the Area "E" Pearpoint Image Processing Systems (PIPS) Automated License. Plate Recognition (ALPR) portable trailers. The Operating Protocol is attached hereto as Exhibit `B" and incorporated herein by this reference. 2. Indemnification. Each Party shall indemnify, protect, defend and hold harmless each other Party and their respective officers, officials, employees, agents, representatives, and volunteers from and against any liability (including, but not limited 2094120.3300442L" to, liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arises out of, is a consequence of, or is in any way attributable to, in whole or in part, the Party's use of the ALPR portable trailers, or the use of the ALPR portable trailers by its officers, officials, employees, agents, representatives, or volunteers. 3. Compliance with Laws. The Parties agree to follow all federal, state, and local laws and regulations applicable to the operation of the ALPR portable trailers. 4. Notices. All notices which any party is required or desires to give hereunder shall be in writing and shall be deemed given when delivered personally or three (3) days after mailing by registered or certified mail (return receipt requested) to the persons and addresses set forth in Exhibit "A" or at such other address as the parties may from time to time designate by written notice in the aforesaid manner. 5. Entire Agreement. This Agreement, including the attached exhibits hereto, constitutes the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, whether written or oral, with respect thereto. 6. Amendment. The terms and provisions of this Agreement may not be amended, modified or waived, except by an instrument in writing signed by the Parties. 7. Law to Govern, Venue. This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Los Angeles. 8. Fees, Costs and Expenses. In the event litigation or any other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorneys' fees, costs and expenses, in addition to any other relief to which it may be entitled, including attorneys' fees and costs incurred in the collection of any judgment or lien. 9. Severability. If any term, provision, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s). 10. Authority. The Parties, warrant and represent that their respective signators executing this Agreement are authorized to enter into and bind their respective City to the terms set forth in this Agreement. iNAR➢RP» MKI IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed the day and year first above written. CITY OF BELL ATTEST: City Clerk CITY OF BELL GARDENS ATTEST: 7` h City Clerk CITY OF DOWNEY ATTEST: City Clerk Tony Miranda, Acting Chief of Police APPROVED AS TO FORM: City Attorney 1%l,t.L DQwttA� Robert Barnes, Chief of Police APPROVED AS TO FORM: C(tL orney Rick Esteves, Chief of Police APPROVED AS TO FORM: City Attorney 2094120.32 nn_.�, 9_112 „n CITY OF HUNTINGTON PARK RNOWIN City Clerk A061911so[INN 1 BW3100] 101160*16 City Clerk CITY OF SOUTH GATE ATTEST: d—� aj City Clerk, Carmen Ava s Jorge Cisneros, Chief of Police APPROVED AS TO FORM: City Attorney Kevin McClure, Chief of Police APPROVED AS TO FORM: City Attorney '4 G orge T oxcil, Chief of Polic t APPROVED AS TO FORM: Attorney, Raul F. Salinas 1 2094120.32094.2� CITY OF VERNON ATTEST: City Clerk Willard G. Yamaguchi CITY OF WHITTIER I:MaMw City Clerk Daniel Calleros, MUMMM Interim Chief of Police APPROVED AS TO FORM: CURMOXAMY Chief Deputy City Attorney Willard G. Yamaguchi Jeff A. Piper, Chief of Police APPROVED AS TO FORM: City Attorney 1 2094120.320 4120 EXHIBIT A Speed Trailers Area - E Participating Agencies Whittier Police Department Proudly serving the City of Santa Fe Springs 7315 Painter Ave Whittier, Ca 90602 562-945-8250 Chief Jeff A. Piper Bell Police Department 6326 Pine Ave. Bell, Ca 90201 323-585-1245 Acting Chief Tony Miranda Bell Gardens Police Department 7100 S. Garfield Ave.. Bell Gardens, Ca 90201 562-806-7600 Chief Robert Barnes Downey Police Department 10911 Brookshire Ave. Downey, Ca 90241 562-861-0771 Chief Rick Esteves Huntington Park Police Department 6542 Miles Ave. Huntingtpn Park, Ca 90255 323-584-6254 Chief Jorge Cisneros 1 2094t26J209442" Montebello Police Department 1600 W. Beverly Blvd. Montebello; Ca 90640 323-887-1313 Chief Kevin McClure South Gate Police Department 8620 California Ave. South Gate, Ca 90280 323-563-5400 Chief George Troxcil Vernon Police Department 4305 S. Santa Fe Ave. Vernon, Ca 90058 323-587-5171 Chief Daniel Calleros 2094120.330941204 EXHIBIT B Area E ALPR Speed Trailers Operating Protocol The purpose of this protocol is to regulate and manage the mutual use of the Speed Trailers among area E law enforcement agencies. The protocol was developed to ensure cooperative use, proper handling, care and maintenance for the long term preservation of the trailers. General Provisions 1. The South Gate Police Department is the host/sponsoring agency of the Area E Speed Trailers. The South Gate Police Department will be responsible for the storage and coordination of regularly scheduled maintenance. The South Gate Police Department is the registered owner of the Area E Speed Trailers and is responsible for making it available to all agencies within Area E. The South Gate Police Department will be responsible for providing or coordinating the initial and subsequent training on the Area E Speed Trailers and all of its components to the designated representatives of the Area E agencies. 2. The Area E Speed Trailers is for the exclusive use of Area E law enforcement agencies.only. 3. The Area E Speed Trailers are to be deployed within the geographical confines of Area E only. Exceptions to this provision are large-scale exercises or official requests for mutual aid from other areas. 4. The Area E Speed Trailers are to be used for law enforcement related activities only. 5. The Area E Speed Trailers are not to be altered or modified in any way without the express consent of the sponsoring agency. This is to include, but is not limited to: exterior color scheme and signage inclusive of the application of proprietary insignia, reconfiguration of radio frequencies or the removal of any pre-existing equipment. 6. When not in the possession of the sponsoring agency, the Area E Law Speed Trailers will be stored in a secure facility. 7. In an effort to maintain the Area E Law Speed Trailers, the sponsoring agency, along with the participating agencies, will be asked to each make an annual maintenance contribution of $50.00. These funds will be utilized for regular 2094120.3209,1120.2 maintenance as well as upgrades and equipment acquisition. These funds are to be delivered to the South Gate Police Department by July 15th of each year. Reservation & Return Procedures Area E law enforcement agencies may reserve the Area E Speed Trailers by sending an email request to areaespeed@sogate.org Reservations will be accepted on a first -come first -served basis. At the time of reservation, The Area E Speed Trailers use will require a check-out date as well as a return date. This is to provide an accountability of availability for other Area E agencies. On the scheduled pickup date, a South Gate Police representative will meet representatives from the requesting Area E law enforcement agency at the South Gate City Yard, located at 4244 Santa Ana Street South Gate, CA 90280. Access into the secure facility and operation keys for the Area E Law Enforcement Mutual Aid Speed Trailers will be provided at that time. The requesting Area E agency will perform a check-out walk-through and complete the check-out form. 4. On the scheduled return date, the requesting agency will need to contact the South Gate Police Watch Commander at (323) 563-5457. The South Gate Police Watch Commander will arrange for a South Gate Police representative to provide access into the South Gate City Yard located at 4244 Santa Ana Street South Gate, CA 90286. The requesting Area E agency will perform a check -in walk-through and complete the check -in inspection form. 5. Due to the complexity of the Area E Speed Trailers, it is highly recommended that only representatives who have received training in the operation of these trailers be sent to pick up and return them. Initial training is to be provided by the South Gate Police Department. Subsequent training may be arranged with the South Gate Police Department if needed. Operating Procedures All users shall utilize the "Area E Speed Trailers Operations Manual' for the proper operation of the trailers. 2. In the event of a mechanical failure of the Area E Law Enforcement Mutual Aid Speed Trailers where the vehicle has been immobilized, the agency in possession of the Speed Trailers shall contact the on -duty South Gate Police Department Watch Commander at (323) 563-5457, who will arrange for the transportation of the Speed Trailers back to the South Gate Police Department. In the event that the failure is as a result of misuse by the possessing agency, the mechanical failure as well as the transportation cost will be the financial responsibility of the agency in possession at the time of the failure. The South Gate Police Department will 1 2094120.320941-20.2 make arrangements for the repair of the Speed Trailers and notify the possessing agency of the costs of repair. 2094120.7"'n-4."120" 2 CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: May 3, 2012 TO: Daniel Calleros, Interim Chief of Police FROM: Willard Yamaguchi, City Clerk RE: Resolution No. 2012-61 — A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Speed Trailers Vehicle Joint Use Agreement Between Area E Agencies Regarding the Cooperative Use of the Speed Trailers Transmitted herewith is a copy of Resolution No. 2012-61, referenced above, which was approved by City Council on May 1, 2012, and two partially executed Joint Use Agreements for delivery to the City of South Gate Police Department. Please see that a fully executed original is sent to the City Clerk's office for the file. Thank you. WY:dj Attachment Rory Burnett Resolution No. 2012-61 Agreement No. 12-037 Contract No. 2774 SPEED TRAILERS VEHICLE .JOINT USE AGREEMENT BETWEEN AREA "E" AGENCIES This Speed Trailers Vehicle Joint Use Agreement ("Agreement") is entered into this by and between the City of Bell, a California municipal corporation; the City of Bell Gardens, a California municipal corporation; the City of Downey, a California municipal corporation; the City of Huntington Park, a California municipal corporation; the City of Montebello, a California municipal corporation; the City of South Gate, a California municipal corporation; the City of Vernon, a California municipal corporation; and the City of Whittier, a California municipal corporation (hereinafter, collectively, the "Parties" and individually, a "Party"). The effective date of this Agreement shall be July _, 2011. RECITALS WHEREAS, the City of South Gate is the registered owner of the two (2) Area "E" Law Enforcement Mutual Aid ALPR Speed Trailers (the "Speed Trailers"); and WHEREAS, the Police Departments of, the Parties constitute the Area "E" law enforcement agencies, as shown in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the Speed Trailers are intended to benefit all Area "E" law enforcement agencies; and WHEREAS, the Parties desire to enter into this Agreement to establish the cooperative use of the Speed Trailers. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein and other consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: AGREEMENT 1. Protocol. The Parties agree to abide by the Area "E" Pearpoint Image Processing Systems (PIPS) Automated License Plate Recognition (ALPR) portable trailers. The Operating Protocol is attached hereto as Exhibit "B" and incorporated herein by this reference. 2. Indemnification. Each Party shall indemnify, protect, defend and hold harmless each other Party and their respective officers, officials, employees, agents, representatives,, and volunteers from and against any liability (including, but not limited 1 2094120.320944243 to, liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arises out of, is a consequence of, or is in any way attributable to, in whole or in part, the Party's use of the ALPR portable trailers, or the use of the ALPR portable trailers by its officers, officials, employees, agents, representatives, or volunteers. 3. Compliance with Laws. The Parties agree to follow all federal, state, and local laws and regulations applicable to the operation of the ALPR portable trailers. 4. Notices. All notices which any party is required or desires to give hereunder shall be in writing and shall be deemed given when delivered personally or three (3) days after mailing by registered or certified mail (return receipt requested) to the persons and addresses set forth in Exhibit "A" or at such other address as the parties may from time to time designate by written notice in the aforesaid manner. 5. Entire Agreement. , This Agreement, including the attached exhibits hereto, constitutes the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, whether written or oral, with respect thereto. 6. Amendment. The terms and provisions of this Agreement may not be amended, modified or waived, except by an instrument in writing signed by the Parties. 7. Law to Govern, Venue, This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Los Angeles. 8. Fees, Costs and Expenses. In the event litigation or any other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorneys' fees, costs and expenses, in addition to any other relief to which it may be entitled, including attorneys' fees and costs incurred in the collection of any judgment or lien. 9. Severability. If any term, provision, condition or covenant of this Agreement is declared or determined by,any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s). 10. Authority. The Parties, warrant and represent that their respective signatory executing this Agreement are authorized to enter into and bind their respective City to the terms set forth in this Agreement. 1 2094120.320944404 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed the day and year first above written. D fl11`L1Twtr"71 ATTEST: City Clerk CITY OF BELL GARDENS ATTEST: City Clerk CITY OF DOWNEY ATTEST: City Clerk Tony Miranda, Acting Chief of Police APPROVED AS TO FORM: City Attorney Robert Barnes, Chief of Police APPROVED AS TO FORM: City Attorney Rick Esteves, Chief of Police APPROVED AS TO FORM: City Attorney 2094120.M 4414-241.2 CITY OF HUNTINGTON PARK ATTEST: City Clerk CITY OF MONTEBELLO ATTEST: City Clerk CITY OF SOUTH GATE ATTEST: 040L—� City Clerk, Carmen Ava s Jorge Cisneros, Chief of Police APPROVED AS TO FORM: City Attorney Kevin McClure, Chief of Police APPROVED AS TO FORM: City Attorney G rge T oxcil, Chief of Police APPROVED AS TO FORM: Attorney, Raul F. Salinas 2094120.32094-k20-2 CITY OF VERNON ATTEST: CITY OF WHITTIER ATTEST: City Clerk pa ulu - Daniel Calleros,- M9$.BiB?C k% Interim Chief of Police APPROVED AS TO FORM: Jeff A. Piper, Chief of Police APPROVED AS TO FORM: City Attorney orney 2094120.3"`- 120.2 EXHIBIT A EXHIBIT A Speed Trailers Area - E Participating Agencies Whittier Police Department Proudly serving the City of Santa Fe Springs 7315 Painter Ave Whittier, Ca 90602 562-945-8250 Chief Jeff A. Piper Bell Police Department 6326 Pine Ave. Bell, Ca 90201 323-585-1245 Acting Chief Tony Miranda Bell Gardens Police Department 7100 S. Garfield Ave. Bell Gardens, Ca 90201 562-806-7600 Chief Robert Barnes Downey Police Department 10911 Brookshire Ave. Downey, Ca 90241 562-861-0771 Chief Rick Esteves Huntington Park Police Department 6542 Miles Ave. Huntington Park, Ca 90255 323-584-6254 Chief Jorge Cisneros 2094120.32044Q04 Montebello Police Department 1600 W. Beverly Blvd. Montebello, Ca 90640 323-887-1313 Chief Kevin McClure South Gate Police Department 8620 California Ave. South Gate, Ca 90280 323-563-5400 Chief George Troxcil Vernon Police Department 4305 S. Santa Fe Ave. Vernon, Ca 90058 323-587-5171 Chief Daniel Calleros 2094120.3z(A47.20-2 EXHIBIT B EXHIBIT B Area E ALPR Speed Trailers Operating Protocol 'The purpose of this protocol is to regulate and manage the mutual use of the Speed Trailers among area E law enforcement agencies. The protocol was developed to ensure cooperative use, proper handling, care and maintenance for the long term preservation of the trailers. General Provisions 1. The South Gate Police Department is the host/sponsoring agency of the Area E Speed Trailers. 'The South Gate Police Department will be responsible for the storage and coordination of regularly scheduled maintenance. The South Gate Police Department is the registered owner of the Area E Speed 'Trailers and is responsible for making it available to all agencies within Area E. The South Gate Police Department will be responsible for providing or coordinating the initial and subsequent training on the Area E Speed Trailers and all of its components to the designated representatives of the Area E agencies. 2. The Area E Speed Trailers is for the exclusive use of Area E law enforcement agencies only. 3. The Area E Speed Trailers are to be deployed within the geographical confines of Area E only. Exceptions to this provision are large-scale exercises or official requests for mutual aid from other areas. 4. The Area E Speed Trailers are to be used for law enforcement related activities only. 5. The Area E Speed Trailers are not to be altered or modified in any way without the express consent of the sponsoring agency. This is to include, but is not limited to: exterior color scheme and signage inclusive of the application of proprietary insignia, reconfiguration of radio frequencies or the removal of any pre-existing equipment. 6. When not in the possession of the sponsoring agency, the Area E Law Speed Trailers will be stored in a secure facility. 7. in an effort to maintain the Area E Law Speed Trailers, the sponsoring agency, along with the participating agencies, will be asked to each make an annual maintenance contribution of $50.00. These funds wilt be utilized for regular 2094120.3444+20-2 maintenance as well as upgrades and equipment acquisition. These Funds are to be delivered to the South Gate Police Department by July 15th oFeach year. Reservation & Return Procedures Area E law enforcement agencies may reserve the Area E Speed Trailers by sending an email request to areaespeed n so ag te.org 2. Reservations will be accepted on a first -come first -served basis. At the time of reservation, The Area E Speed Trailers use will require a check-out date as well as a return date. This is to provide an accountability of availability for other Area E agencies. 3. On the scheduled pickup date, a South Gate Police representative will meet representatives from the requesting Area E law enforcement agency at the South Gate City Yard, located at 4244 Santa Ana Street South Gate, CA 90280. Access into the secure facility and operation keys for the Area E Law Enforcement Mutual Aid Speed Trailers will be provided at that time. The requesting Area E agency will perform a check-out walk-through and complete the check-out form. 4. On the scheduled return date, the requesting agency will need to contact the South Gate Police Watch Commander at (323) 563-5457. The South Gate Police Watch Commander will arrange for a South Gate Police representative to provide access into the South Gate City Yard located at 4244 Santa Ana Street South Gate, CA 90280. The requesting Area E agency will perform a check -in walk-through and complete the check -in inspection form. Due to the complexity of the Area E Speed Trailers, it is highly recommended that only representatives who have received training in the operation of these trailers be sent to pick up and return them. Initial training is to be provided by the South Gate Police Department. Subsequent training may be arranged with the South Gate Police Department if needed. Operating Procedures 1. All users shall utilize the "Area E Speed Trailers Operations Manual' for the proper operation of the trailers. 2. In the event of a mechanical failure of the Area E Law Enforcement Mutual Aid Speed Trailers where the vehicle has been immobilized, the agency in possession of the Speed Trailers shall contact the on -duty South Gate Police Department Watch Commander at (323) 563-5457, who will arrange for the transportation of the Speed Trailers back to the South Gate Police Department. In the event that the failure is as a result of misuse by the possessing agency, the mechanical failure as well as the transportation cost will be the financial responsibility of the agency in possession at the time of the failure. The South Gate Police Department will 1 2094120.32+Y94120.2 make arrangements for the repair of the Speed Trailers and notify the possessing agency of the costs of repair. 2094120.32044120.2 , a/a-&RECEIVED APR 2 5 2012 CITY ADMINISTRATION APR 2 6 2012 CITY CLERK'S OFFICE STAFF REPORT VERNON POLICE DEPARTMENT DATE: April 23, 2012 TO: Honorable Mayor Pro Tempore and City Council FROM: Daniel Calleros, Interim Chief of Police J)c-/X- RE: Joint Use Agreement PURPOSE The purpose of this memorandum is to request approval from City Council for the execution of a Joint Use Agreement between the Area "E" agencies for the shared use of two speed trailers equipped with an automatic license plate reader system. SUMMARY In 2010, State Homeland Security Grant funds were awarded to the Area "E" law enforcement agencies for the purchase of two speed trailers equipped with an automatic license plate reader system. The agreement outlines the procedures for the use of the speed trailers between the Area "E" agencies. The South Gate Police Department is the host agency and is responsible for the storage, maintenance, and for making the speed trailer available to the Area "E" agencies when needed. In an effort to maintain each of the speed trailers, the host agency, along with participating agencies, will each make an annual maintenance contribution of $50.00. These funds will be used for upkeep, equipment acquisition and software upgrades. AGREEMENT REVIEW The Chief Deputy City Attorney has reviewed and approved the Joint Use agreement as to form. Staff recommends City Council approve the proposed Joint Use agreement to allow the Police Department to utilize the speed trailers equipped with an automatic license plate reader system as a resource for the patrol division. FISCAL IMPACT $50.00 annual maintenance fee. Attachments: • Joint Use Agreement 0 Memo from Chief Deputy City Attorney RECEIVE® APR 2 5 2012 Cmf CLE ws of FICE DATE: TO: FROM: RE: PURPOSE STAFF REPORT VERNON POLICE DEPARTMENT April 23, 2012 Honorable Mayor Pro Tempore and City Council Daniel Calleros, Interim Chief of Police 06� Joint Use Agreement RECEIVED APR 2 4 2012 CITY ADMINISTRATION The purpose of this memorandum is to request approval from City Council for the execution of a Joint Use Agreement between the Area "E" agencies for the shared use of a speed trailer equipped with an automatic license plate reader system. SUMMARY In 2010, State Homeland Security Grant funds were awarded to the Area "E" law enforcement agencies for the purchase of a speed trailer equipped with an automatic license plate reader system. The agreement outlines the procedures for the use of the speed trailer between the Area "E" agencies. The South Gate Police Department is the host agency and is responsible for the storage, maintenance, and for making the speed trailer available to the Area "E" agencies when needed. AGREEMENT REVIEW The Interim City Attorney has reviewed and approved the Joint Use agreement as to form. Staff recommends City Council approve the proposed Joint Use agreement to allow the Police Department to utilize the speed trailer equipped with an automatic license plate reader system as a resource for the patrol division. FISCAL IMPACT None Attachments: • Joint Use Agreement Memo from Interim City Attorney CITY ATTORNEY'S OFFICE INTER -DEPARTMENT MEMORANDUM DATE: April 23, 2012 TO: Daniel Calleros, Interim Chief of Police FROM: Willard G. Yamaguchi, Chief Deputy City Attorney RE: Joint Use Agreement VIA IVI I have received and reviewed the Memorandum dated April 18, 2012, and the attachments thereto. The Agreement between Area "E" agencies is approved as to form. WY:em Enclosures 06/20/13 RECEIVED COPY OF FULLY EXECUTED AGREEMENT FROM DANIEL CALLEROS FOR THE FILE Juiann,, Debbie From: Calleros, Daniel [DCalleros@covpd.org] Sent: Thursday, June 20, 2013 2:53 PM To: Juarez, Debbie Subject: RE: Resolution No. 2012-61 - Partially Executed Speed Trailers Vehicle Joint Use Agreement Between Area E Agencies Attachments: SpeedTrailersVehicleJointUseAgreement.pdf Debbie, attached is a copy of the agreement. This is the best we can do Have a good weekend. Danny From: Juarez, Debbie[mailto:DJuarez@ci.vernon.ca.us] Sent: Tuesday, June 18, 2013 1:34 PM To: Calleros, Daniel Subject: RE: Resolution No. 2012-61 - Partially Executed Speed Trailers Vehicle Joint Use Agreement Between Area E Agencies Thank you, Danny for the update! rDe6orah 9varez 4?gcorJs `rKanagenreu.tA,rsistant City of Vernon - Uty CCerk's Office 4305 Santa TeA•veinue Vernon, (,A 90058 (323) 583-8811 From: Calleros, Daniel [mailto:DCalleros@covpd.org] Sent: Tuesday, June 18, 2013 1:32 PM To: Juarez, Debbie Subject: RE: Resolution No. 2012-61 - Partially Executed Speed Trailers Vehicle Joint Use Agreement Between Area E Agencies Debbie, Southgate is checking on the status of the signed agreement. I will keep you posted. Thanks for staying on top of this. Danny From: Juarez, Debbie[mailto:DJuarez(alci.vernon.ca.us] Sent: Tuesday, June 11, 2013 10:11 AM To: Calleros, Daniel Subject: RE: Resolution No. 2012-61 - Partially Executed Speed Trailers Vehicle Joint Use Agreement Between Area E Agencies Good morning, Danny! Have you received the finalized original of this agreement yet? Thank you. cDe6orah Suarez (&cords ManagementAssistant City of Vernon - Oty CCeik;s Office 4305 Santa TeAvenue `Vernon, CA 90058 (323) 583-8811 Contract No. 2774 i SPEED TRAILERS VEHICLE JOINT USE AGREEMENT BETWEEN AREA "E" AGENCIES This Speed TrailersVehicle Joint Use Agreement (`Agreement') is entered into this by and between the City of Bell,'a California municipal corporation; the City of Bell Gardens, a California municipal corporation; the City of Downey, a California municipal corporation; the City of Huntington Park, a California municipal corporation; the City of Montebello, a California municipal corporation; the City of South Gate, a California: municipal corporation; the City of Vernon, a California municipal corporation; and the i City of Whittier, a 'California municipal corporation (hereinafter, collectively, they "Parties" and individually, a "Party"). The effective date of this Agreement shall be July ; _, 2011. RECITALS i WHEREAS, the City of South Gate is the registered owner of the two (2) Area "E" Law Enforcement Mutual Aid ALPR Speed.Trailers (the "Speed Trailers"); and WHEREAS, the Police Departments of the Parties constitute the Area "E" law: enforcement agencies, as shown in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the Speed Trailers are intended to benefit all Area "E law, E enforcement agencies; and WHEREAS, the Parties desire to enter into this Agreement to establish the cooperative use of the Speed Trailers. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein and other consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: AGREEMENT I . Protocol. The Parties agree to abide by the Area"E" Pearpoint Image Processing Systems (PIPS) Automated License Plate Recognition (ALPR) portable trailers. The Operating Protocol is attached hereto as Exhibit "B" and incorporated herein by this reference. 2. Indemnification. Each Party shall indemnify, protect, <defend and hold harmless each other Party and their respective officers, officials, employees, agents, representatives, and volunteers from and against any liability (including, but not limited I ;� 20941203N)W1102 lit i to, liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs, sand expert witness fees), where the same arises out of, is a consequence of, or is in any ' ay attributable to, in whole or in part, the Party's use of the ALPR, portable; trailers, orlthe use of the ALPR portable trailers by its officers, officials, employees,agents,' representatives, or volunteers. 3. Compliance with Laws. The.Parties agree to follow all federal, state, and local laws and regulations applicable to the operation of the ALPR portable trailer's. 4. Notices. All notices which any party is required or desires to give hereunder shall be in writing and shall be deemed given when delivered personally, or three (3) days after mailing by registered or certified mail (return receipt requested) to'* persons and addresses set' forth in Exhibit "A" or at such other address as the parties may from time to time designate by written notice in the aforesaid manner. 5, Entire Agreement.. This Agreement,. including the attached exhibits hereto, constitutes the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous. agreements, whether written or oral, with respect thereto. 6. Amendment. The terms and provisions of this Agreement may not ,�be amended, modified or waived, except by an instrument in writing signed by the Parties., 7. Law to Govern: Venue. This Agreement shall be interpreted, construed and governed according i to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Los Angeles. 8. Pees. Costs and Expenses. In the event litigation or any otherproceedipg is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorneys' fees, costs and expenses, in addition to any other relief to which it, may be entitled, including attorneys' fees and costs incurred in the collection of any judgment or lien. 9. Severability. If any term, provision, condition or covenant of thus Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable_provision(s). 10. Authority. The Parties, warrant and represent that their respective signators executing this Agreement are authorized to enter into and bind their respective City to the terms set forth in this Agreement. i 2094120.314NON1-2 I IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed the day and year first above written. CITY OF BELL Tony Miranda, Acting Chief of Police A rms'f: APP OV .D AS TO FORM: Citv 'icm ttor y CITY OF BELL GARDENS Robert Barris. Chief of Police A'I" PEST: APPROVED AS TO FORM: City Clerk C(ty Oorney CITY OF DOWNFY Rick Estevcs, Chief of Police i A"fT'E S'f: APPROVED AS TO FORM: City Clerk *Cttymey7. IN WITNESS WHEREOF; the Parties have caused this Agreement to be executed the R CITY OF HUNTINGTON PARK i Jorge Cisneros,Chief of Police ATTEST: APPROVED AS TO FORM: I S City Clerk City Attorney CITY OF MONTEBELL0 Kevin McClure, Chief of Police ATTEST: APPROVED AS TO FORM: i 1 a -- —� z City Clerk ;a '^ — C' y,Attorney Daniel Henna z Arnold Alvarez-Glasman i CITY OF SOUTH GATE G orge Ttloxcil,'Chief of Police ATTEST: APPROVED AS TO FORM: City Clerk , Carmen Ava1zs, ily Attorney, Raul F. Salinas d 2094120.72094F204 i 1 EXHIBIT A i Speed Trailers i Area - E Participating Agencies " Whittier Police Department Proudly serving the City of Santa Fe Springs 7315 Painter Ave Whittier, Ca 90602 562-945-8250 Chief Jeff A. Piper ; Bell Police Department— --- — ---- ---� 6326 Pine Ave. Bell, Ca 90201 j 323-585-1245 l Acting Chief Tony Miranda Bell Gardens Police Department — 7100 S. Garfield Ave. Bell `Gardens, °Ca 90201 562-806-7600 Chief Robert Barnes { Downey Police Department 109I 1 Brookshire Ave. Downey, Ca'90241 562-861-0771 Y Chief Rick Esteves Huntington Park Police Department 6542 Miles Ave. " Huntington Park, Ca 90255 323-584-6254 Chief Jorge Cisneros' � zuvaizo:�_wa�a.z i I rt �y I i i EXHIBIT D Area E AL`PR Speed Trailers Operating Protocol The purpose of this protocol is to regulate and manage the mutual useof the Speed Trailers among area E law enforcement agencies. The protocol was developed to ensure cooperative use, proper handling, care and maintenance for the long term preservation' of the trailers. General Provisions t I. The South Gate Police Department is the host/sponsoring agency of the Area;E' Speed Trailers. The South Gate Police Department will be responsible ror the storage and coordination of regularly scheduled maintenance. The South Gate Police Department is the registered owner of the Area E Speed Trailers and is responsible for making it available to all agencies within Area E. The South Gate Police Department will be responsible for providing or coordinating the initial and subsequent training on the Area E Speed Trailers and all of its components to the designated representatives of the Area Eagencies. ' 2. " The Area E Speed Trailers is for the exclusive use of Area E law enforcement agencies only. 3. The Area E Speed Trailers are to be deployed within the geographical confines of . Area E only. Exceptions to this provision are large-scale exercises or official requests for mutual aid from other areas. i 4. The Area E Speed Trailers are to be used for law enforcement related activities only. S. Me Area E Speed Trailers are not to be altered or modified in anyway without the express consent of the sponsoring agency. This is to include, but is not limited to: exterior color scheme and signage inclusive of the application or proprietary insignia, reconfiguration of radio frequencies or the removal of any pre-existing equipment. 6. When not in the possession of the sponsoring agency, the Area E Law Speed Trailers will be stored in a secure facility. 7 In an effort to maintain the Area E Law Speed Trailers. the sponsoring agency, .long With the participating agencies, will be asked to ;each make an aortit.tl maintenance contribution of S50.00, fltcse funds will he utili-r,.Qd tier rcisular l 2094120.32� 411." r 'I maintenance as well :ts upgrades and cyuipment;ucquis 6011. Ihese t'undsare to be delivered to the South (latePoliceDepartment by July I501 ofeach year. Reservation & Return Procedures I. Area E law enforcement, agencies may reserve the Area E Speed Trailers by sending an email request to areaespeedOwsogate.ore 2.Reservations will be accepted on a first -come first -served basis. At the time ,of reservation, The Area E Speed Trailers use will require a check-out date as well,,, as a return date. This is to provide an accountability of availability for other Area E agencies. 3. ' On the 'scheduled pickup date, a South Gate Police representative will meet representatives from the requesting, Area E,law enforcement agency at the South Gate City Yard, located at 4244 Santa Ana Street South Gate, CA 90280. Access into the: secure facility and operation keys for the Area E Law Enforcement Mutual Aid Speed Trailers will be, provided at that time: The requesting Area E agency will perform a check-out walk-through and complete the check-out form. i 4.'' On the scheduled return date, the requesting agency will need to contact the South,, Gate Police Watch Commander at (323) 563-5457. The South Gate Police Watch Commander will arrange for a South Gate Police representative to provide access into the South Gate City Yard located at 4244 Santa Ana Street South Gate, CA 90280. The requesting Area E agency will perform a check -in walk-through and complete the check -in inspection form. 5. Due to the complexity of the Area E Speed Trailers, it is highly recommended that only representatives who have received training in the operation of these trailers be sent to pick up and return them. initial training is to be provided by the South Gate Police Department. Subsequent training may be arranged with the South Gate Police Department if needed. Operating Procedures 1. All users shall utilize the "Area E Speed Trailers Operations Manual' for the proper operation of the trailers. 2. In the event of a mechanical failure of the Area E Law Enforcement Mutual Aid Speed Trailers where the vehicle has been immobilized, the agency in possession of the Speed Trailers shallcontact' the on -duty South Gate Police Department Watch Commander at (323) 563-5457, who will arrange for the transportation of the Speed Trailers back to the South Gate Police Department. In the event that the failure is as a result of misuse by the possessing agency, the mechanical failure as well as the transportation cost will be the financial responsibility of the agency in possession at the time of the failure. The South Gate Police Department will' i 2094120.9Nw464J