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HomeMy WebLinkAbout4382 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA AUTHORIZING AN AGREEMENT WITH THE DEPARTMENT OF CALIFORNIA HIGffivAY PATROL FOR PARTICIPATION IN THE ABANDONED VEHICLE ABATEMENT PROGRAM. WHEREAS, the Department of California Highway Patrol has instituted a program whereby cit,ies will be reimbursed for certain costs of abating abandoned vehicles out of a special State fund provided for that purpose; and ) trnEREAS, the Highway Patrol has offered to enter into an agreement for the reimbursement of such costs; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES DETERMINE AND RESOLVE that the Mayor is authorized and directed to enter into an agreement on behalf of the City with the Department of California Highway Patrol in the form attached hereto. ... The City Clerk shall certify to the adoption of this resolu tion., I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Arcadia held on the 2nd day of October , 1973, by the affirmative vote of at least three Councilmen, to wit: AYES: NOES: Councilmen Hage, Helms,Scott & Arth ABSENT: none Ooo.d""'. 'n'''~~ c '. <--, , ~ 'A.z bk-R c:/a--n City ClerK of the City of Arcadia SIGNED AND APPBOVED this day of , 1973. t2 If? r/-cJ ~ Mayor of the City of Arcadia ZdT~ ;r/70 City Clerk (SEAL) 4382 '- ~TU 2 (REV. 1.711 I.-J ................ ......... THIS AGHEEMENI, made and entered into this day of , 19_, in the State of California, by and between State of California, through its duly elected or appointed, <jualified and acting o CONTROLLER o o o TITLE OF OFFICER ACTING FOR &TATE AGENCY Dept. of Californi~ Highw~y Patrol NUMBER }u!reajtcr 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 forih service to lJe relldered bv Contractor, amount to be paid Contractor, lime for performance or completion, and attach plans and specifications, if any.) Contractor ~~~ees to Gstablish an abandoned vehicle abatement program in cooperation with the California Highway Pat=ol, and in com?liance 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 agrees to furnish personnel bnd seLVices necesscry for the abatement of abandoned vehicles located within their jurisdiction. "Abandoned Vehicles" are those as described in "E:.hibit A'1,1)ject to the condition th<'Jt prio=ity shall be given to the abatemGnt ofabal,Jr-dcd vehicles from corridors of the State Highway System, from public lar,Y-ls Q~~~rl's, and from river and wildlife Qreas. \~ ' \~ ContrQctor shall provide for the ~~1:::'b,t of ,D.<c:fdoned vehicles in accordance with local ordinances~'~ S~~\gS~tl~~thC State Vehicle Code Section 22660 marked "Exhibit B," copie:" O'~Chi are ",.:tached and made by reference a part hereof. \\;: \-- Contn:ctor further agr~c' to\l,~,~~\tin: Il record of each vehicle abated ;)~d to maintain such reco ' for ~' er~J ifr th~ee (3) year~ from the tc~inDtion date of this agreeme", Su 11.)L' ~cc'..ds shall be made aV<lilablG foL' e:(ami~.Jtion by the California I-Ii 1\'7.:1- pa~ or its autho:dzed representatives .:;;t any time Thl' provisions on the reverse side ereo> sti e a part of this agreement. (Continued on attached pages) 1:\ 'WITNESS WHEHEOF, this agr t has been executed by the parties hereto, upon the date first above written, STATE OF CALIFORNIA CONTRACTOR "'GENCY CONTRACTOR (I'" OTHER THAN AN INDIVIDUAL. .TATE WHETHER A CORP'ORATION. ~A"TNERSHI". ETC. I DY (AUTHORIZED SIGNATURE) ~> BY (AUTHORIZED SIGNATURE) I> TITL.E TITLE ADDRESS {CONTINUED ON _ SHEETS. EACH BEARING NAME OF CONTRACTOR) Do Not Writ. In ThiJ Spaco AMOUNT OF THIS ESTIMATE APPROPRIATION FUND $ .' UNENCUMBERED BALANCE ITEM I CHAPTER STATUTES I FISCAL YEAR $ ADJ. INCREASING ENCUM. FUNCTION BRANCE $ ADJ. DECREASING ENCUM. LINE ITEM ALLOTMENT BRANeE $ 1 hereby certify upon my own 1U!TSOnal knowledge that budge/cd funds T.e..... NO. I D.R. NO. arc availnble for the period and pUrp08C of the expenditure stated above. SIGNATURE OF ACCOUNTING OFFICER I DATE I> I herehy certify ~hat all conditions for exemption set forth in State Administrative Manual Section 1201./,'; have been complied with and this document 0 i3 exempt 0 i.J not exempt from review by the Department of FinanC6. . SIGNATURE OF OFFICER SIGNING ON BEHALF OF THE AGENCY I DATE l> . . ' ......u... ,.1' ....... (II.. ...~~ duri~ that period. Contr2ctor ag;.:ces to fu:-nish to the Califo:cnio Higi'r;'lay Patrol quarte;:ly ~~port::; s~:~ari8in3 their prozra~3 Gctivitios ~nd e;,penclitu:-c3. 1"o=s shall be provided by the Califo..-nia I{j.Gh~'7ay Patrol, and reports shall be 3ubsittcd to the Califo::nia Hi:;hmlY Patrol, 2611 26th Street, Sacrcm~nto, CA 95804 not 18tcr than fift8CC. (15) diiyO follo'ling the last dl:Y of the quartc;: to be COVGz:"cd. 7he te= of this contract io July 1, 1973 through June 30, 1974, except that it shall not be clee~cd effqctive until signed by both parties, approved by the Depart~cnt of General Servic8s, Legal Services, and until such ti@c as a resolution has been adopted covering said ag:-eem8nt. ~ This iJ3rQleI:lant may be cance1l0d by l;lithl;lL\..'2"J~ty u!;lon thirty (30) day:; p;:io:i: "n:ittl;ln notice. Contractor~2;;ree" --::0 pe:i~fo:;:m no further services upon notic0 of such cenc9J:-l"fi~;\~_ ;::J,::\-;d\ fo:rc:,:;rd invoices for ;:-eiml>=s0::.l0r;;; vl:.thin ten 0-0)\ ~?L: (;l{\\E?;;.il~~0rvices parfol.'1llcd up to the d~te of such c~ncClQ~N~iC~\)) _~ The attachl;ld FOr2. 3, VQ~~~C~~oy~(nt Pr,:;ctico3 Addcudum, is l'I1CO-oo-'at~(]' "-"0 and ~'r'", \;:-,,;\i.,~,- ,h,'(\,-\.~ ., n .,-" l''''''cof .. .L.. _ ~ .LU~ . (_..l(,,_\,;o ~~~ .11,.\",'_ _.1........,._'-- ~ r'-':;lJ.. ~ .1.1,,;,;.. . Fol' tl:e flUl'POSOS Of\\;l~(l ~:,.~'t2xmt the cont;:,:;ctOi:' 0.:;ti[:1.ato::; thGt a?pl'o;:ima:cely~__,j\~.__~'!;;i..mdonl;ld vehicle::; ,';H~ bl') aDwt0d during tne tc:-m ne;:l;lO:( ~QJ~e"\ .(,~, the total <:mOUl"lt of th1::; ugrecrJcat the avcl:aee ::at<<J pc;: v'\3",,:::-:lVClbatcd ,'7ill be . 'State ag;:ce3' t~~Y contl'octor mo~thly in 2~;:-ea:i:S 2nd u?on submLssion of an i1:e;'.:1i2l;ld invoice indic<ltins \.:17.o cctu;:Jl nUllbcl: of aba~doned vehicles abated foi:' thet period. Pay~cnt shall be Dade fro~ funds ~ppro~riated to the Department of Californ~a Hi3h~ay Pat:i:ol and oubject to the fiscal procl;lduzes of thl;l StJte of Cali-fornia. Th'll total amount of thiG contrect 3hall not '~~,ceed dU4ir~ the term hereof. Tn~s contract may be a~nded by the mutual consent of the parties hereto. ... 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 perrormance of this contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged 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 covenants ~e .;n contained at the time and in the manner herein provided, In the event of such terminatio. tt-;;(Statc may proceed with the work In any manner deemed proper by the State, The~,st to t~'\''''~e shall be deducted from any sum due the Contractor under this agree~e an ~~ba] ,,' any, shall be paid the Contractor upon demand. \) 4, Without the written consent ,c te, i agree t is not assignable by Contractor either in whole or in part. , T<=;, "" '" 0): ,~~" '6, 'No alteration ~an 'ion~c terms of this contract shall be valid unless made in writing c. and signed by the pa .' s reto, and no oral understanding or agreement not incorporated herein, shall be binding on an e 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 perrormance hereof, including travel and per diem, unless otherwise expressly sO provided. .\ . rI II ~