HomeMy WebLinkAboutINTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB-2012gp 18 2013
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VEHICLE TRANSFER AGREEMENT
N-2013-120
THIS AGREEMENT made and entered into this 23 day of DEC 2012 by and between
SANTA ANA P.D. hereinafter referred to as AGENCY" and the INTERINSURANCE
r~, EXCHANGE OF THE AUTOMOBILE CLUB with principal offices at 3333 Fairview
'eNa Road, Costa Mesa, CA 92626, hereinafter referred to as "EXCHANGE"
t"^ RECITALS
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t,rv WHEREAS, the AGENCY desires to acquire a vehicle in order to conduct
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investigations regarding automobile theft and insurance fraud; and
WHEREAS, the EXCHANGE has a vehicle of the appropriate make and model
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that it is willing to make available for AGENCY to conduct its investigations;
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties agree as follows:
The EXCHANGE shall give the AGENCY the title to and the vehicle currently
registered to the EXCHANGE, identification nLUnber JA3AJ26E26U060197
make/model MITSUBISHI/LANCER and year 2006 ("VEHICLE"). The
AGENCY shall register the VEHICLE with the Department of Motor Vehicles
("DMV") within fourteen (14) business days after this Agreement is executed by all
parties in its own name or in any other name other than the EXCHANGE and its
affiliated companies. Within two (2) days after the AGENCY registers the
VEHICLE with the DMV, the AGENCY shall place new and different license plates
on the VEHICLE and surrender the original plates to the EXCHANGE or to the
DMV as may be required by law. The AGENCY is responsible for all DMV fees.
2. The AGENCY shall accept VEHICLE "as is" with no guarantees or warranties. The
VEHICLE shall only be used by the AGENCY for activities and investigations
regarding auto theft and/or insurance fraud. However, the EXCHANGE agrees that
the operational decisions regarding the deployment of the VEHICLE are within the
sole discretion of AGENCY.
3. The transfer of the VEHICLE is effective as of 12/23/12 and shall terminate on
12/23/17. During this period, the AGENCY is responsible for all routine
maintenance and repairs on the VEHICLE.
4. Either party may terminate this Agreement at any time, with or without cause, in its
sole discretion, with thirty (30) days written notice.
5. The AGENCY shall provide adequate liability and comprehensive insurance
coverage for the VEHICLE, which may be self-insured as provided by California law.
6. The AGENCY shall indemnify, hold harmless, release and defend the EXCHANGE,
its agents, officers, directors, governors, employees, affiliated companies and insured
from any and all claims, losses, demands, causes of action, suits, damages and
liabilities, including but not limited to property damage or bodily injury, relating in
any way or resulting from any AGENCY employee, agent or contractor's use,
operation and/or maintenance of the VEHICLE.
The EXCHANGE waives any claims for material damage to the VEHICLE.
Policy/Claim # G1181988 DOL 09/01/09.On the day after the termination of this
Agreement, the AGENCY shall return the VEHICLE, regardless of its condition, to
the EXCHANGE at the EXCHANGE's Salvage Lot located at 16920 S. Figueroa
Street, Gardena, California. At that time, the AGENCY will give to the EXCHANGE
the VEHICLE and its executed title. Thereafter, the EXCHANGE will register the
VEHICLE with the DMV within fourteen (14) business days after the VEHICLE is
returned in its own name or in any other name other than the AGENCY'S. Within
two (2) days after the EXCHANGE registers the VEHICLE with the DMV, the
EXCHANGE surrender the replacement license plates to the AGENCY or to the
DMV as required by law. The EXCHANGE is responsible for all DMV fees related
to re-registering the VEHICLE.
8. The AGENCY may not assign this Agreement without the express written consent of
the EXCHANGE.
9. This Agreement may not be modified, nor may any of the terms, provisions or
conditions be modified or waived or otherwise affected, except by a written
amendment signed by all parties.
10, The AGENCY and the EXCHANGE represent that the individual executing this Agreement
on behalf of such party is duly authorized to execute such agreement for that party.
ATTEST:
MARIA HUIZAR 3
Clerk of the Council
CITY OF SANTA ANA
KEVIN O'ROURKE
Interim City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: P.?4ta /?, h? U vl
Laura A. Rossini
Assistant City Attorney
INTERINSURANCE EXCHANGE OF
THE AUTOMOBILE CLUB
By: 3
Its Attorney ii Fact, CSC
Management Services, Inc.
?A?V+oV c? ' ,e-ovwPf'f (Name)
(Title)
RECOMMENDED FOR APPROVAL:
Carlos Rojas
Acting Chief of Police
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Mason, Sara
From: Rossini, Laura
Sent: Tuesday, August 27, 2013 3:38 PM
To: Mason, Sara
Subject: Vehicle Transfer Agreements 2013
Sa ra:
No insurance is needed on the vehicle transfer agreements because the vehicles will be driven by our employees and
will be covered by the City's SIR. Also, there is no cost to the City for the transfer of the vehicles except the indirect
costs associated with operating the vehicles (gas, maintenance, etc).
Thanks.
Laura
Laura A. Rossini
Assistant City Attorney
City of Santa Ana
20 Civic Center Plaza, M29
Santa Ana. CA 92702
(714) 647-5201
(714) 647-6515 Fax
www.santa-ana.or?
Irossini@santa-ana.org
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