HomeMy WebLinkAboutResolution No. 5512RESOLUTION NO. 5512
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AUTHORIZING THE CITY OF SAN RAFAEL TO ENTER
INTO A CONTRACT WITH THE STATE OF CALIFORNIA HIGH14AY
PATROL FOR ABANDONED VEHICLE ABATEMENT PARTICIPATION
AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNATED
REPRESENTATIVE TO SIGN SAID CONTRACT
WHEREAS, California Vehicle Code Sections 9250.7 and 22710 provide for an
Abandoned Vehicle Trust Fund and a method of disbursement of funds to local
agencies that participate in the Abandoned Vehicle Abatement Program and,
WHEREAS, The City of San Rafael has adopted an ordinance pursuant to
Section 22660 of the California Vehicle Code, and
WHEREAS, The City of San Rafael desires to participate in said program and
to enter into said contract;
NOW, THEREFORE, BE IT RESOLVED, that the City of San Rafael does hereby
approve the contract prepared by the State of California Department of Highway
Patrol for a period of July 1, 1978 through June 30, 1979, and hereby agrees to
enter into said contract.
IT IS FURTHER RESOLVED that the City Manager or his designated representative
be authorized to sign said contract and to remit the same to the State of
California.
I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, do hereby
certify that the foregoing Resolution was duly and regularly introduced and
adopted at a regular meeting of the City Council of said City held on the
seventeenth day of Jul , 1978 , by the following vote,
to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
nne M. Leoncini - City Clerk
BY THE
STANDARD AGREEMENT — ATTORNEY GENERAL
!TATE OF CALIFORNIA
STD. 2 It1EV, 11/751
THIS AGREEMENT, made and entered into this 1St day of — July '19 78
in the State of California, by and between State of California, through its duly elected or appointed,
qualified and acting
❑ CONTRACTOR
❑ STATE AGENCY
❑ DEPT. OF GEN, SER.
❑ CONTROLLER
TITLE OF OFFICER ACTING FOR !TATE AGENCY NUMBER
Fiscal Officer Dept. of California Highway Patrol V-39-78/79
llonnrftur called ilio State, and
City of San Rafael, Code Enforcement Officer, 1400 Fifth Ave., San Rafael, CA
huroultur nulled tho 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:
fS(it forth service to be rendered by Contractor, amount to be paid Contractor, time for performance or completion, and attach plans and speclf lcutions, it any.)
1. 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 Adminis-
trative Code. Priority shall be given to the abatement of abandoned
vehicles from coofrridors of the State Highway System, from public lands
The t,rDandnsponriie rev eSedsifierhOermeofrconsPCif ea part �'lot dis ig ema eas .
1N %vrrNFSS WIIFRF_OF. this aereement has been executed by the parties hereto, upon the date first above written.
STATE OF CALIFORNIA
CONTRACTOR
AGI IJ( Y
Dept. of California Highway Patrol
CONTRACTOR (Ir OTHER THAN AN INDIVIDUAL, STATE WHETHr.R A CORPORATION
�iry5M10 'gan Rafael
(IV IAUTHORIZED SIGNATURE)
BY [AUTHORIZED SIGNATURE)
®
•
T.TLE:
TITLE
Fiscal Officer
ADDRESS
Ir ONTINUED ON __LSHEETS_ EACH BEARING NAME OF CONTRACTOR)
1400 Fifth Ave. San Rafael, CA 94902
Deportment o/ General Services
Use ONLY
AMOUNT ENCUMBERED
2,500.00
APPROPRIATION
FUND
A an One Ve 1C f
Trust Fund
UNENCUMBERED BALANCE
ITLM
CHAPTER
STATUTES
FISCAL YEAR
49
73
1978/79
.Dl INCRIA1,ING rNCU1d9RANCC
FU14CTION Section 9250. 7 Vehicle Co e
Amended by Chapter 49/73
ADJ. nECREASING ENCUMBRANCE
L114E ITEM ALLOTMENT
Expenses
I hewhy [;ertlfy upon (Fly (Iwn pers(I(1(11 knowledge that ba(1>;I!led jUnd.
T B.A. NO.
C' R. '.a.
uru uvalluhle for the perl(Hl Find perrwse of the expenditure stated (Fbove.
SIGNATURE OF ACCOUNTING OF( ICER
DATE
I herrhy ( vrllf) thul ell cnndamn.s for exemption set forth in Stine? Adtntntstruttve himimil Se(:lmn 1209
huvo been complied with end this dncement Is exempt from review by the Uepurinuvl rlf Plnen( e.
SIGNATURE OF OFFICER SIGNING ON BEHALF OF THE AGENCY
DATE
I.
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 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 herein contained at the time and
in the 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 he 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 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 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 otherwise expressly so provided.
Abandoned Vehicle Abatement Agreement, V-39-78/79
Page 2
July 1, 1978
4. The term of this agreement is July 1, 1978 through June 30, 1979.
5. In accordance with the Vehicle Abatement Manual, 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 examin-
ation 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 reimburse-
ment 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 agreement, the contractor estimates that
approximately Fifty (50) abandoned
vehicles will be abated during the term hereof.
9. State agrees to pay contractor monthly in arrears upon receipt of itemized
invoices (CHP 80, Abandoned Vehicle Abatement Invoice) Fifty Dollars
($50.00) 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
State of California. The total amount of this agreement shall not exceed
Two Thousand Five Hundred Dollars ($2,500.00).
11. This agreement may be amended by mutual consent of the parties hereto.
FAIR EMPLOYMENT PRACTICES ADDENDUM
1. In the performance of this contract, the Contractor will not discriminate against any employee or applicant
for employment because of race, color, religion, ancestry, sex*, age*, national origin, or physical handicap*. The
Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, color, religion, ancestry, sex*, age*, national origin, or physical
handicap*. Such action shall include, but not be limited to, the following: employment, upgrading, demotion
or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compen-
sation; and selection for training, including apprenticeship. The Contractor shall post in conspicuous places, avail-
able to employees and applicants for employment, notices to be provided by the State setting forth the provisions
of this Fair Employment Practices section.
2. The Contractor will permit access to his/her records of employment, employment advertisements, applica-
tion forms, and other pertinent data and records by the State Fair Employment Practices Commission, or any
other agency of the State of California designated by the awarding authority, for the purpose of investigation to
ascertain compliance with the Fair Employment Practices section of this contract.
3. Remedies for Willful Violation:
(a) The State may determine a willful violation of the Fair Employment Practices provision to have
occurred upon receipt of a final judgement having that effect from a court in an action to which
Contractor was a party, or upon receipt of a written notice from the Fair Employment Practices
Commission that it has investigated and determined that the Contractor has violated the Fair Employ-
ment Practices Act and has issued an order, under Labor Code Section 1426, which has become final,
or obtained an injunction under Labor Code Section 1429.
(b) For willful violation of this Fair Employment Practices provision, the State shall have the right to
terminate this contract either in whole or in part, and any loss or damage sustained by the State in
securing the goods or services hereunder shall be borne and paid for by the Contractor and by his/her
surety under the performance bond, if any, and the State may deduct from any moneys due or that
thereafter may become due to the Contractor, the difference between the price named in the contract
and the actual cost thereof to the State.
*See Labor Code Sections 1411 - 1432.5 for further details.
STO. 3 (877)
505Z-750 75 ►4 GG