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Home My WebLink About12819 \1 I!, . . I .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. / ;;.fL/L RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OJ!' AN AGREEMENT WITH THE CALIFORNIA HIGHWAY PATROL FOR ABANDONED VEHICLE ABATEMENT PARTICIPATION. WHEREAS, California Vehicle Code sections 22660 and 22710 provide for an Abandoned Vehicle Trust FUnd arid a method of dis- bursement of funds to local agencies that participate in the Abandoned Vehicle Abatement Program; and WHEREAS, the City of San Bernardino has adopted an ordinance in accordance with the California Vehiole Code providin~ for the Abatement of Abandoned Vehicles; and WHEREAS, the City of San Bernardino desires to participate in the Abandoned Vehicle Abatement Program and share in the monies in said Abandoned Vehicle Trust Fund, NOW, THEREFORE, BE IT RESOLVED that the City of San Bernardino participate in the Abandoned Vehicle Abatement Program from July 1, 1977 through June 30, 1978, AND BE IT FURTHER RESOLVED that the Mayor of the City of San Bernardino is hereby authorized to execute the agreement with the Department of the California Highway Patrol for participation in said Abandoned Vehicle Program, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a on the ~V4 day of , 1977, by the following meeting thereof, held vote, to wit: . . . . . . . . . . II I, 0 . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~~y~. foregoing resolution is hereby approved s q M day , AYES: NAYS: ABSENT: of / coun~L:~~e~~' , 1977. &. .... to f~'O .. .!#"~ c ty. torney -2- .. .... STANDARD AGREEMENT- APPROVED BY THE ATTORNEY GENERAL o CONTRACTOR o STATE AGENCY o DEPT. OF GEN. SER. D CONTROLLER o o o STATE OF. CALIFORNIA STD. 2 (REV. 11/751 THIS AGREEMENT, made and entered into this l.t day of .July ,19:JL, in the State of California, by and between State of California, through its duly elected or appointed, qualified and acting TITLE OF OFF1CER ACTING FOR STATE Patrol lilt I 456 110. *. 91_ Ave. I Fiscal Officer hewafter called the State, and CU:y of san ~, Fin DtIpe" hereafter called the Contractor. Sa 1_1I~, 2401 WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State hereinafter expressed, does hereby agree to furnish to the State services and materials, as follows: (Set forth service to be rendered by Contractor, amount to be paid Contractor, time for performance or completion, and attach plans and specifications, if any.J 10 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 Administrative Code. Priority shall be given to the abatement of abandoned vehicles from corridors of the State Highway System, from public lands and parks, and from river and wildlife areas. The provisions on the reverse side hereof constitute a part of this agreement. IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written. De to of California Patrol CONTRACTOR (If OTHEI'I THAN "N INDIVID C'ttY'1l'fusu HETHER " CORPORATION ST A TE OF CALIFORNIA A G EN C Y BY IAUTHORIZED SIGNATURE) ~ TI TLE Fiscal Officer UNENCUMBEREO BALANCE ITEM CHAPTER . 92601 ., ADDRESS sea JMr T .... · CA 'CONTINUED ONLsHEETS. EACH BEARING NAME OF CONTRACTOR) AMOUNT ENCUMBERED 6.250.00 Deportment of General Services Use ONL Y APPROPRIATION STATUTES FISCAL YEAR INCFlE"SING ENCUMBR"NCE 49 FUNCTION Section Amended b 1973 DECREASING ENCUMBRANCE LINE ITEM ALLOTMENT E enses I hereby certify upon my [)wn personal knowled,lte that bud,o:eted fund am available for the period nnd purpose of the expenditure stated ahove. SIGNATURE OF ACCOUNTING OFFICER T.B.A. NO. B.R. NO. ~ I herehy certify thut all conditions for exemption set forth in Stute Administrative MunlJul Sectjon 1209 huve been complied with and this document is exempt from review hy the Department of Finance. SIGNATURE OF OFFICER SIGNING ON BE:HALF OF THE AGENCY DATE ~ 1. The Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employe('s from any and all claims and 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 supplie~. in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, "firm or corporation who may he injured or damaged by the Contractor in the perfonnanee 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 employ('es or agents of State of California. .1. The State may terminate this agreement and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the covenants herein contained at the time and in th(' 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 contr~ct shall be valid unless 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 Contractor's expenses incurred in the performance hereof, including travel and per diem, unless otheIWise expressly so provided. . - Abandoned Vehicle Abatement Agreement, '.6-77/7' Page 2 July 1, 1977 4. The term of this agreement is J\a1, 1. 1971. '="[1"" .... 30. 1178. 5. 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 examination 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 reimbursement 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 agreemen~~.the contractor approximately 1W .-,411" Fift, (.uv) vehicles will be abated during the term hereof. estimates that abandoned 9. State agrees to pay contractor monthly in arrears upon receipt of itemized invoices (CHI' 80, Abandoned Vehicle Abatement Invoice) 'ltJAtr-f1.. DDl1aa ($25.00) per vehicle abated. The State shall not be responsible for contractor costs incurred beyond the per vehicle rate stated herein. 10. Payment shall be made from funds appropriated to the Department of California Highway Patrol and subject to the fiscal procedures of the igt~~~~~el'il}i11 o:.13':~ (\e~i1\.VJ):ement shall not exceed 11. This agreement may be amended by mutual consent of the parties hereto,