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RESOLUTION NO. 1..5 1/ ~ 7
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE CALIFORNIA HIGHWAY PATROL FOR
ABANDONED VEHICLE ABATEMENT PARTICIPATION.
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4 WHEREAS, California Vehicle Code Sections 9250.7 and 22710
5 provide for an Abandoned Vehicle Trust Fund and a method of dis-
6 bursement of funds to local agencies that participate in the
7 Abandoned Vehicle Abatement Program; and
8 WHEREAS, the City of San Bernardino has adopted an Ordin-
9 ance in accordance with the California Vehicle Code providing for
10 the Abatement of Abandoned Vehicles; and
11 WHEREAS, the City of San Bernardino desires to participate
12 in the Abandoned Vehicle Abatement Program and share in the monies
13 in said Abandoned Vehicle Trust Fund,
14 NOW, THEREFORE, BE IT RESOLVED that the City of San
15 Bernardino participate in the Abandoned Vehicle Abatement Program
16 from July l, 1978, through June 30, 1979,
17 AND BE IT FURTHER RESOLVED that the Mayor of the City of
18 San Bernardino is hereby authorized to execute the agreement with
19 the Department of the California Highway Patrol for participation
20 in said Abandoned Vehicle Abatement Program, a copy of which is
21 attached hereto, marked Exhibit "A" and incorporated herein by
22 reference as fully as though set forth at length.
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23 I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San
Bernardino at ~A~ meeting thereof, held
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on the day of . , 1978, by the following
27 vote, to wit:
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Councilmen d~AdJ.L. >0 i.1i
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AYES:
NAYS:
ABSENT:
11 The foregoing
of /11?.LJt:::jRY ,
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1978.
resolution
FILED
SEP 1:'\ 19id
LUC~~~~~?FORT~. City Clerk
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STANDARD AGREEMENT-
APPROVED BV THE
ATTORNEV GENERAL
o CONTRACTOR
o STATE AGENCV
o DEPT. OF GEN. SER. -
o CONTROLLER
o
o
o
'TATE 0", CALIFORNIA
'TO. 2 (f(EV. 1l/7!!)
THIS AGREEMENT, made and entered into this 1st day of .Tu1y . 19...l8..
in the State of Califomia, by and between State of Califomia, through its duly elected or appointed,
qualified and acting
TITLE OF OFFICER ACTING FOR STATE
lifornia
NUMBER
V-103-78/79
,
Bernardino, CA 92401
AGENCV
Fiscal Officer
hONlfJftor callnd tho SkllO, oDd
City of San Bernardino,
IUlwllftor .:ulled Iho Conlrudllr.
WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State
hereinafter expressed, does hereby agree to fVJuish to the State services and materials, as follows:
(Sut fllrth 8ervico to be rendered by Conlroctor. amount to be paid Contractor, time for perfonnance or completion, and atklch pJans ond specifications, if any.}
1. Contractor agrees to establish an abandoned vehicle abatement program in
cooperation with the California Highway Patrol, and in compliance with
the California Vehicle Code Sections 22660 and 22710.
2. Contractor agrees to furnish personnel and services necessary for the
abatement of abandoned vehicles located within its jurisdiction. For
the purposes hereof only those abandoned vehicles removed for scrap or
dismantling shall constitute a chargeable abatement, except vehicles
qualifying for either horseless carriage or historical vehicle license
plates pursuant to Vehicle Code Section 5004. Said vehicles may be
restored after being removed.
3. "Abandoned Vehicles" are those as described in the California Adminis-
trative Code. Priority shall be given to the abatement of abandoned
vehicles from corridors of the State Highway System, from public lands
and Darks and, from river and wildlife areas.
The provlslon~ on tlie reverse sHJenereolconsfiTute a part oi1lils agreemenl.
IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written.
STATE OF CALIFORNIA CONTRACTOR
rC:ONTINUEO oNlsHEETS EACI-I BEARING NAME OF CONTRACTOR)
AM UNT ENCUMBEREO
D~partm~nt 01 G~nerol S~rvjc.s
Use ONL y
11'1(:10["511'110 UI(:I,I"'I',,",I'I([
CA
e
AGENCY THE It "COltPOlt"TIOI'I
California Patrol
UNENCUMBEREO !lALANCE
1 TEM
"FUNCTION
OECltE..SINGENCU....It"IlCE
LINE ITEM ALLOTMENT
E enses
OAT< t:: '918
SEP 2 J
my own persllnfJl knowledJ;l:e that budl(f:ted fund
riod a Ise of the expfmditure stilted nbove
U Tl G 0 F I C R
T.B.A. NO.
B.R. NO.
, I.why cnrlify IImt fJl/ condilions 'fir Clwmption set fort In tu!e Adlllinistru!ive MlIIlUuISm:!i1Jl1 12f1!I
hflVH boen complied with ond this document is eXflmpt frum reVif]W by the lJfJp<lrtnlf~"! of Finum:n.
SIGNAT E OF OFFICER SIGNING ON BE
.
DA'SEP 25 1978
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L The Contractor agrees to indemnify, defend and save harmless the Slate, its officers, agents
and employees from any and all c1aimsartd losses accruing or resulting to any and all contractors,
subcontractors, materialmen, laborers and any other person, firm or corporation furnishing or
supplying work, services, materials or supplies in connection with the performance of this contract,
and from any and all claims and losses accruing or resulting to any person, lirm or corporation
who may be injured or damag<d by the Contractor in the performance of this contract.
2, The Contractor, and the agents and employees of Contractor, in the performance of this
agreement, shall act in an independent capacity and not as officers or employees or agents of
State of California,
3, The State may terminate this agreement and be relieved of the payment of any consideration
to Contractor should Contractor fail to perform the ~'Ovenants herein contained at the .lime and
in the manner herein provided, In the event of such termination the State may proceed with the
work in any manner deemed proper by the State. The cost to the State shall be deducted from
any sum due the Contractor under this agreement, and the balance, if any, shall be paid the
Contractor upon demand,
4, Without the written consent of the State, this agreement is not assignable by Contractor
either in whole or in part,
5, Time is the essence of this agreement.
6, No alteration or variation of the terms of this contrllct shall be valid unlliss made in writing
and signed by the parties hereto, and no oral understanding or agreement not incorporated herein,
shall be binding on any of the parties hereto,
7, The consideration to be paid Contractor, as provided herein, shall be in compensation for
all of Contractors expenses incurred in the performance hereof, including travel and per diem,
unless otherwise expressly so provided,
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Abandoned Vehicle Abatement Agreement, V-103-78/79
Page 2
July 1, 1978
4. The term of this agreement is July 1, 1978 through June 30, 1979.
5. In accordance with the Vehicle Abatement Manual, contractor further
agrees to maintain a record of each vehicle abated and to maintain
such record for a period of three (3) years from the termination date
of this agreement. Such records shall be made available for examin-
ation by the California Highway Patrol or its authorized representatives
at any time during that period.
6. This agreement may be cancelled by either party upon thirty (30) days
prior written notice. Contractor agrees to perform no further services
upon notice of such cancellation and to forward invoices for reimburse-
ment within ten (10) days covering services performed up to the date of
such cancellation.
7. The attached Form 3, Fair Employment Practices Addendum, is incorporated
into and made by reference a part hereof.
8.
For the purposes of this agreement, the
approximately twenty-five (25)
vehicles will be abated during the term
contractor estimates that
abandoned
hereof.
9. State agrees to pay contractor monthly in arrears upon receipt of itemized
invoices (CHP 80, Abandoned Vehicle Abatement Invoice) Twenty-five Dollars
($25.00) per vehicle abated. The State shall not be
responsible for contractor costs incurred beyond the per vehicle rate
stated herein.
lO. Payment shall be made from funds appropriated to the Department of
California Highway Patrol and subject to the fiscal procedures of the
State of California. The total amount of this agreement shall not exceed
Six Hundred Twenty-five Dollars ($625.00).
11. This agreement may be amended by mutual consent of the parties hereto.
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~ hereby certify that all cond~tions for e~emption
nave been complied with and th~s co~tra~t ~s"exempt
from the Department of General Serv~ces approval.
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FAIR EMPLOYMENT PRACTICES ADDENDUM
1. In the performance of this contract, the Contractor will not discriminate against any employee or applicant
for employment because of race, color, religion, ancestry, sex*, age*, national origin, or physical handicap*. The
Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, color, religion, ancestry, sex*, age*, national origin, or physical
handicap*. Such action shall include, but not be limited to, the following: employment, upgrading, demotion
or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compen-
sation; and selection for training, including apprenticeship. The Contractor shall post in conspicuous places, avail-
able to employees and applicants for employment, notices to be provided by the State setting forth the provisions
of this Fair Employment Practices section.
2. The Contractor will permit access to hisfher records of employment, employment advertisements, applica.
tion forms, and other pertinent data and records by the State Fair Employment Practices Commission, or any
other agency of the State of California designated by the awarding authority, for the purpose of investigation to
ascertain compliance with the Fair Employment Practices section of this contract.
3. Remedies for Willful Violation:
(a) The State may determine a willful violation of the Fair Employment Practices provIsion to have
occurred upon receipt of a final judgement having that effect from a court in an action to which
Contractor was a party, or upon receipt of a written notice from the Fair Employment Practices
Commission that it has investigated and determined that the Contractor has violated the Fair Employ-
ment Practices Act and has issued an order, under Labor Code Section 1426, which has become final,
or obtained an injunction under Labor Code Section 1429.
(b) For willful violation of this Fair Employment Practices provision, the State shall have the right to
terminate this contract either in whole or in part, and any loss or damage sustained by the State in
securing the goods or services hereunder shall be borne and paid for by the Contractor and by hisfher
surety under the performance bond, if any, and the State may deduct from any moneys due or that
thereafter may become due to the Contractor, the difference between the price named in the contract
and the actual cost thereof to the State.
*See Labor Code Sections 1411 - 1432.5 for further details.
STD. II (a/11)
...........k__:..~:. ".~?-750 75MCSP