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County of San Diego - Abandoned Vehicle`"" ORIGINAL AGREEMENT FOR FUNDING BETWEEN THE CITY OF POWAY AND THE SAN DIEGO ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY This agreement is made between the City of Poway , ( "City ") and the San Diego Abandoned Vehicle Abatement Service Authority ( "AVA ") for funding of the abatement, removal, and disposal of abandoned vehicles in San Diego County. RECITALS The AVA Service Authority is authorized by Section 22710 of the California Vehicle Code to collect and disburse funds for the abatement, removal, and disposal as public nuisances of abandoned, wrecked, dismantled, and inoperative vehicles, or parts of vehicles, on public and private property within San Diego County. The AVA is further authorized by Section 22710 of the Vehicle Code to contract with a county or city for removal and disposal of these vehicle parts. A one dollar ($1) vehicle registration fee has been imposed on vehicles registered in San Diego County pursuant to Section 22710 of the Vehicle Code for these purposes. The City has established procedures for the abatement, removal, and disposal as public ..o nuisances of these vehicles and parts. IONWF The AVA has adopted an abandoned vehicle abatement Program and Plan ("Program and Plan "), on file in City Clerks offirancorporated herein by reference. The Program and Plan have been determined by the Department of California Highway Patrol to be consistent with its Guidelines, and have been approved by the City. The AVA proposes to fund the City's removal and disposal of vehicles by reimbursing costs, as specified in the Program and Plan. AWNPO AGREEMENT Now therefore in light of the foregoing facts and recitals, the parties agree as follows: 1. Submission or Reports. The City shall submit to the AVA the required reports described in the Program and Plan, on the dates provided in the Program and Plan. 2. Reimbursement. The AVA shall promptly reimburse the City as provided in the Program and Plan. 3. Term. This agreement shall become effective upon execution by both parties and shall terminate on the date that all funds received by the AVA pursuant to Sections 9250.7 and 22710 of the Vehicle Code, which have been allocated to the use of the City, have been expended by the City. 4. Inspection of Records. The AVA may, at any time during normal business hours, examine all writings and other data of the City related to the reports submitted by the City to evaluate the accuracy, completeness, and timeliness of the reports. 5. Indemnity. The City shall defend and indemnify and save harmless the AVA its officers and employees from any claims of third persons arising out of the City's abatement program or out of the performance by the City of this agreement. 6. Entire Agreement. This agreement contains the entire agreement between the parties. Dated: San Diego Abandoned Approved as to form and legality Vehicle Abatement for San Diego AVA Service Authority Service Authority Granville wm Lloyd M. Harmon, Jr., County Co4nsel by: by: Executive DirLsMor William D. Smith 4 � Dated: V-11 - k! CITY OF Qo w Ay By��74^Ci1 By: \ y Manager es L. 8owersox City CI —D Marjorie K. Wahlsten City Attorney / Approved as to form: City of a By; By: StepV,rKM. Eckis, City Attorney