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HomeMy WebLinkAboutAbandoned Vehicle Agreement 8 ..,„p7,:,-r,,-‘„....,:,,,,,,[,::,r,,...rr,,,,,i,,,7r,r,,,r,-„.,.,,,,,,„,,,,-„Pi',r,,::-..„.,t,,,,,,r',,.,r,:,,,,,,,:,,-,,,,,,„:„-,,,r,,,....;;,.,,,,,;,;r,,:;-,,.;',,„.i,-',z,.,,..,,,.,,,.,,,,.,.:.,,,;,,,-,:,,r7,,r.,,,;,-.,:,:,r.,-;--:i,-,,=-.::,:•,,,,..,,.,,,,.,..„,;..r:'r.,,'',,.,,,,,-,-,,,,:,-,i,,,i.,r-,a.'f--:,,..;r'-‘,.y 348jV ,i ,? - , , _. , r- ,, ., .. .:„._ , ,, , ., , , ,, ,,. ._ , .. , STATE ABANDONED S'? k AGEM , r VESICLE R 1 , :t 'I 1 . . ^ cS ' A July 22, 1975 Department of California Highway Patrol P. 0. Box 898 Sacramento, California 95804 Attention: A. R. Knezovich Commander Accounting Section Gentlemen: Enclosed herewith are four copies of the Abandoned Vehicle Abatement Agreement along with Rosolution No. 4434. This Resolution was adopted June 18, 1974 but you will notice it includes 1975-1976. We await the original contract fully executed by your department. Very truly yours , Christine Van Maanen City Clerk CVM:d Encl. • 1 • STAT1 01 CAl11ORNIA EDMUND G. BROWN JR., Governor DEPARTMENT OF CALIFORNIA HIGHWAY PATROL -� L .5 - P0 BOX 898 Z-7 SACRAMENTO, CAl1FORNIA 95804 ( 01IS0 •June 12, 1975 File No. 71.A1687.A3541 City of Arcadia *Building and Safety Department •240 W. Huntington Drive •Arcadia, CA 91006 Attention R. Terry Basey Gentlemen: Re: Abandoned Vehicle Abatement Agreement V-138-75/76 Attached is State of California Standard Agreement V-138-75/76 for your participation in the Abandoned Vehicle Abatement Program for the period July 1, 1975 through June 30, 1976. A resolution which includes the contract dates, the office of respon- sibility and title of the individual authorized to sign is required before the contract can receive final approval. A suggested sample resolution is attached for your convenience. Please have the contract signed where indicated in red and return all copies along with the resolution to the California Highway Patrol, Accounting Section, Post Office Box 898, Sacramento, CA 95804, for further approval. When approved, the original contract will be returned to you for your files. Very truly yours, A. R. K OVICH Commander Accounting Section Attachments SAMPLE RESOLUTION Calling for a Contract 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 and a method of dis- bursement of funds to local agencies that participate in the Abandoned Vehicle Abatement Program and, WHEREAS, The City/County of California has adopted an Ordinance in accordance with the California Vehicle Code providing for the Abatement of Abandoned Vehicles ,. and WHEREAS, The City/County of California 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/County of participate in the Abandoned Vehicle Abate- ment Program (the time specified as the term of the contract) , AND BE IT FURTHER RESOLVED THAT (title and office (name optional)) is hereby authorized to execute the contract with the Department of the California Highway Patrol for participation in said Abandoned Vehicle Program. On motion of , seconded by , the foregoing order is adopted this day of , 19 by the following vote: AYES: NOES: ABSENT: Certification required. a< ' STANDARD AGREEMENT— APPROVE aE � ❑ CONTRACTOR ATTORNEYRAL T ❑ STATE AGENCY STATE OF CALIFORNIA ❑ DEPT. OF GEN. SER. STD 2 (REV. 10/72) ❑ CONTROLLER THIS AGREEMENT,made and entered into this 1st day of July , 19 73 ❑ in the State of California, by and between State of California, through its duly elected or appointed, ❑ qualified and acting ❑ TITLE OF OFFICER ACTING FOR STATE AGENCY NUMBER Fiscal Officer Dept. of California Highway Patrol V-52-74/75 hereafter called the State,and City of Arcadia, 240 West Huntington Drive, Arcadia, California 91006 hereafter called the Contractor. 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.) Contractor agrees to establish an abandoned vehicle abatement program in cooperation with the California Highway Patrol, and in compliance with the California Vehicle Code Section 9250.7, 22702, and 22710, copies of which are marked "Exhibit A" and made by reference a part hereof. Contractor shall provide for the abatement of abandoned vehicles in accordance with local ordinances as set forth in the State Vehicle Code Section 2.2660 marked "Exhibit B, " copies of which are attached and made by reference part hereof. Contractor agrees to furnish personnel and services necessary for the abatement of abandoned vehicles located within their jurisdiction and as described in "Exhibit B" subject to the condition that 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. This contract does not apply to the abatement of vehicles enclosed on the property of a dismantler, tow service , or any other private business engaged in the abatement of vehicles. Contractor further agrees to maintain a record of each vehicle abated and 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. STATE OF CALIFORNIA CONTRACTOR AGENCY CONTRACTOR (IF OTHER THAN AN INDIVIDUAL.STATE WHETHER A CORPORATION. PARTNERSHIP.ETC.) Dept. of California Highway Patrol City of Arcadia BY (AUT AIr ORIZED SIGNATURE) BY (AUT RIZED SIGNATURE) TI LE ' IT TLE Fiscal Officer l 1 ADDRESS 9't 006 (CONTINUED ON —SHEETS. EACH BEARING NAME OF CONTRACTOR) 7 240 We Hvntin Inn TMivp_ ArraAia _ ( A Do Not Writs in This Spots AMOUNT OF THIS ESTIMATE APPROPRIATION FUND $ 450.00 Abandoned Vehicle Trust Fund UNENCUMBERED BALANCE ITEM CHAPTER STATUTES FISCAL YEAR $ 1974 1974/75 ADJ. INCREASING ENCUM- FUNCTION BRANCE ADJ. DECREASING ENCUM- LINE ITEM ALLOTMENT BRANCE IPhereby certify upon my own personal knowledge that budgeted funds T.B.A. NO. B.R. NO. are available for the period and purpose of the expenditure stated above. S.IGNATal/OF ACCOUNTIN66OFFIC DATE /3-7 I her'certify that all conditio for exemption set fort in State Administrative Manual Section 1201,13 have ,••n complied with and t document is exempt from review by the Department of Finance. SIG RE OF OFFICER SIGNING 0 BEH LF THE AGENCY DATE 1PP ---dz e - softy, Page 2 Contract 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. Contractor agrees to furnish to the California Highway Patrol quarterly reports summarizing their programs activities and expenditures. Forms shall be provided by the California Highway Patrol, and reports shall be submitted to the California Highway Patrol, 2611 — 26th Street , Sacramento, CA 95804 not later than fifteen (15) days following the last day of the quarter to be covered. The term of the contract commences July 1, 1974 and expires June 30, 1975. 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. The attached Form 3, Fair Employment Practices Addendum, is incorporated into and made by reference a part hereof. For the purposes of this agreement the contractor estimates that approximately Thirty (30) abandoned vehicles will be abated during the term hereof. Based upon the total amount of this agreement the average rate per vehicle abated will be Fifteen Dollars ($15.00) State agrees to pay contractor monthly in arrears and upon submission of an itemized invoice indicating the actual number of abandoned vehicles abated for that period. 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 contract shall not exceed Four Hundred and Fifty Dollars ($450.00) during the term hereof. This agreement may be amended by the mutual consent of the parties hereto . The contractor shall comply with the Presidential Executive Order No. 11615, dated August 15, 1971, or any subsequent Order modifying, amending, terminating, or substituting for said Order, and all guidelines, rules, and regulations of the Cost of Living Council, Pay Board, and Price Commission implementing such orders. The contractor warrants that no wages, prices or salaries to be paid under this contract will be in excess of the maximum legally allowable pursuant to the foregoing Order, rules, and regulations. ti w iw�' N C O 18.' w rt d� r r o M .1 p M o 90, O A D om, -j 'w y a(p F ., •-•-•%g A y w n ( a�4.10a� a. D n- t� ca aC C)v .i • • �. V' �N ►� O "N A (� 5 p 7 'q 4h Q z fD t, "��T N .y0 ^ (~ D � 0E.c0 Z b bD Eiti AJcrto 0 wa,., O (Dp„^' D (D »,O � o (.D z. (9 A O D , ,,,_-• a o O m•gN n UQ ,.to•N y (< o r '7 D0O 0 O " O w m 7 0 y E f°,., Sw �' p .. M N ..2 0 o ... 0 a, 0:, m P s% 5. A o 'w' cD E-v: ,,.`< 0 (D > c a, oO � M . o°° 8 °' ",'4wo. 55g2.2 A+ <1a'S ' C' . 1.E. 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WHEREAS, the Department of California Highway Patrol has instituted a program whereby cities will be reimbursed for certain costs of abating abandoned vehicles out of a special State fund provided for that purpose; and WHEREAS , the Highway Patrol has offered to enter into an agreement for the reimbursement of such costs; and WHEREAS , the City of Arcadia has participated in this program in the past and desires to continue. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. That the Mayor is authorized and directed to enter into an agreement on behalf of the City with the Department of California Highway Patrol for the years 1974-1975 and 1975-1976 in the form attached hereto. SECTION 2 . That Resolution No. 4382 is superseded by this Resolution and is hereby rescinded. SECTION 3. The City Clerk shall certify to the adoption of this resolution. I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the City Council of the City of -1- 4434 s . i 3#' Arcadia held on the 18th day of June , 1974, by the affirmative vote of at least three Councilmen, to wit: AYES : Councilmen Helms, Lauber, Saelid and Scott NOES : None ABSENT: Councilman Gilb /s/ CHRISTINE VAN MAANEN City Clerk of the City of Arcadia SIGNED AND APPROVED this 18th day of June , 1974 . /s/ ALTON E. SCOTT Mayor of the City of Arcadia ATTEST: /p/ CHRISTINE VAN MAANEN City Clerk (SEAL) -2- 4434 CITY COUNCIL C. ROBERT ARTH City of Arcadia MAYOR DR. ALTON E. SCOTT MAYOR PRO TEMPORE 240 WEST HUNTINGTON DRIVE EDWARD L. BUTTERWORTH ARCADIA, CALIFORNIA DON W. HAGE JAMES R. HELMS. JR. • LYMAN H. COZAD CITY MANAGER CHRISTINE VAN MAANEN CITY CLERK October 31, 1973 Mr. C. W. Cotter Department of California Highway Patrol Accounting Section P 0 Box 898 Sacramento, Ca. 95804 Dear Mr. Cotter: Please find attached four copies of the Agreement C-409 773/74 for the ABANDONED VEHICLE ABATEMENT PROGRAM. When the contract has been fully approved please forward the original to the under- signed for the official record. Very truly yours Christine Van Maanen City Clerk Arcadia • • a MAILING ADDRESSES TELEPHONES "' , CITY HALL P.0. BOX 60 91006 446-4471 • 681-0276 LIBRARY 20 W. DUARTE ROAD 91006 446-7111 POLICE DEPARTMENT P. 0. BOX 60 91006 447.2121 "'�' ,` FIRE DEPARTMENT 710 S. SANTA ANITA AVE. 91006 446.2128 ' ~ f- 0 CONTRACTOR S DARD AGREEMENT — ATTOORNEY GGEN RAL `"O ❑ STATE AGENCY STATE OF CALIFORNIA _ _ DEPT. OF GEN. SCR. STD 2 (REV. 10/721 0 CONTROLLER THIS AGREEMENT, made and entered into this 23rd day of October , 19 73 , 0 in the State of California, by and between State of California, through its duly elected or appointed, E qualified and acting 0 TITLE OF OFFICER ACTIN-6 FOR STATE AGENCY NUMBER a Fiscal Officer Dept. of. California Highway Patrol C-409-73/74 hereafter called the State,and City of Arcadia 240 West Huntington Drive, Arcadia, CA 91006 hereafter called the Contractor. WITNESSETII: 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 sercice to he rendered by Contractor,amount to be paid Contractor,time for performance or completion,and attach plans and specifications,if any.) Contractor agrees to establish an abandoned vehicle abatement program in cooperation with the California Highway Patrol, and in compliance with the California Vehicle Code Section 9250.7, 22702, and 22710, copies of which are marked "Exhibit A" and made by reference a part hereof. Contractor shall provide for the abatement of abandoned vehicles in accordance with local ordinances as set forth in the . State Vehicle Code Section 22660 marked "Exhibit B," copies of which are attached and made by reference a part hereof. Contractor agrees to furnish personnel and services necessary for the abatemen of abandoned vehicles located within their jurisdiction and as described in "Exhibit B" subject to the condition that priority shall be given to the abatement of abandoned vehicles from cocridors of the State Highway System, from public lands and parks, and from river and wildlife areas. This contract does not apply to the abatement of vehicles enclosed on the property of a dismantler, tow service, or any other private business engaged in the abatement of vehicles . Contractor further agrees to maintain a record of each vehicle abated and The provisions on the reverse side hereof constitute a part of this agreement. (over) IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written. STATE OF CALIFORNIA CONTRACTOR _ CONTRACTOR (IF OTHER THAN AN INDIVIDUAL.STATE WHETHER A CORPORATION. AG ENG`/ PARTNERSHIP.ETC.) City of Arcadia Dept. of California Highway Patrol Y --yy �_- �_.. BY (AUTH IZED SIGNRE /lc:�C''" " OP pY iAUTMORIZED SIGNATURE) !//J (//C/ — TITLE YOR TITLE /� /j _ Fiscal Officer ADDRESS / -- C99100 (CON rINU ED ON _.__ SHEETS. EACH BEARING NAME OF CONTRACTOR) 240 West Huntington Driv_e._-Arca.f4�a, -' - AMOUNT OF THIS ESTIMATE APPROPRIATION FUND Do Not With in This Spot* 450.00 Abandoned Vehicle Trust Fund UNENCUMBERED BALANCE ITEM I CHAPTER ST1973 FIS 1973/74 YEAR ADJ. INCREASING ENCUM- FUNCTION BRANCE $ ADJ. DECREASING ENCUM- LINE ITEM ALLOTMENT $BRANCE I hereby certify upon my own personal knowledge that budgeted funds T.B.A. NO. B.R. NO. are available for the period and purpose of the expenditure stated above. –SIGNATURE OF ACCOUNTING OFFICER DATE O I hereby certify that all conditions for exemption set forth in State Administrative Manual Section 1201.13 have been complied with and this document is exempt front review by the Department of Finance. SIGNATURE OF OFFICER SIGNING ON BEHALF OF THE AGENCY DATE h _ — • 1. The Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees 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 supplies 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 dammed by the Contractor in the performance of this contract. 2. The Contractor, and the agents and employees of Contractor, in the performance of agreement, shall act in an independent capacity and not as officers or employees or,:tic rats-u£, State of California. 1 a. The State may terminate this agreement and he relieved of the payment of any consideraticrs to Contractor should Contractor fail to perform the covenants herein containcdit the tirn bind in the manner herein provided. In the event of such termination the State may proceed witb-fhc^1:-1J work in any manner deemed proper by the State. The cost to the State shall be tleductccY.from.T % f any sum due the Contractor under this agreement, and the balance, if any, shall be,paid_T�;/ ,' ' Contractor upon demand. > s // 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 contract 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 he paid Contractor, as provided herein, shall he in compensation for all of Contractor's expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided. to maintain such record for a period of three (3) years from the termination data 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. Contractor agrees to furnish to the California Highway Patrol quarterly reports summarizing their programs activities and expenditures . Forms shall be provided by the California Highway Patrol, and reports shall be submitted to the California Highway Patrol, 2611 - 26th Street, Sacramento, CA 95804 not later than fifteen (15) days following the last day of the quarter to be covered. upon contractor's receipt of The term of the contract commenter a fully approved contract and expires June 30, 1974. 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) lays covering services performed up to the date of such cancellation. The attached Form 3, Fair Employment Practices Addendum, is incorporated into Ind made by reference a part hereof. For the purposes of this agreement the contractor estimates that approximately Thirty (30) abandoned vehicles will be abated during the term tereof. Based upon the total amount of this agreement the average rate per Thiele abated will be Fifteen Dollars ($15.00) . r s4"44r, '�' ' (continued on attached page) . Page 2 Contract State agrees to pay contractor monthly in arrears and upon submission of an itemized invoice indicating the actual number of abandoned vehicles abated for that period. 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 contract shall not exceed Four hundred and fifty Dollars ($450.00) . during the term hereof. This agreement may be amended by the mutual consent of the parties hereto. The contractor shall comply with the Presidential Executive Order No. 11615 , dated August 15 , 1971, or any subsequent Order modifying, amending, terminating, or substituting for said Order, and all guidelines, rules , and regulations of the Cost of Living Council, Pay Board, and Price Commission implementing such orders .. The contractor warrants that no wages, prices or salaries to be paid under this contract will be in excess of the maximum legally allowable pursuant to the foregoing Order, rules , and regulations . • STATE OF CALIFORNIA—BUSINESS AND TRANSPORTATION AGENCY RONALD REAGAN, Governor DEPARTMENT OF CALIFORNIA HIGHWAY PATROL ,. N, P.O. BOX 898 SACRAMENTO, CALIFORNIA 95804 0 October 23, 1973 File No: 71.A1687 .A3003 Fcc,CEi Vi:D CITY OF ARCAU!A CITY ^TfORM Y City of Arcadia 240 West Huntington Drive Arcadia, CA 91006 Attention: Doyle Morrison Gentlemen: Attached please find State of California Standard Agreement C-409-73/74 for the Abandoned Vehicle Abatement Program for NTNJyour signature. ,-'' Please return all copies to the Department of California' "'.. Highway Patrol, Accounting Section, P.O. Box 898, Sacramento , CA 95804, for further approval. When the contract is fully approved, the original will be returned for your files. Very truly yours, e',24/,) , C.W. COTTER Commander Accounting Section Attachments