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HomeMy WebLinkAboutResolution No. 5326RESOLUTION No. 5326 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 HIGHWAY PATROL FOR ABANDONED VEHICLE ABATEMENT PARTICIPATION AND AUTHORIZING THE MAYOR 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, 1977 through June 30, 1978, and hereby agrees to enter into said contract. IT IS FURTHER RESOLVED that the Mayor be authorized to sign said contract and to remit the same to the State of California. I, MARION A. GRADY, City Clerk of the City of San Rafael, do hereby certify that the foregoing Resolution was duly and regu- larly introduced and adopted at a regular meeting of the City Council of said City held on the 5th day of July , 1977, by the following vote, to wit: AYES: NOES: ABSENT: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini COUNCILMEN: None COUNCILMEN: Nixon MARION A. GRADY, City C1 k r1.NUAT'ZD AGREEMENT — ATTORN SENERAL •STATE Oma, CALIFORNI A STD. 2 4REV, 11/751 THIS AGREEMENT, made and entered into this 1St day of July , 1917, 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 Fiscal Officer I Dept. of California ❑ CONTRACTOR ❑ STATE AGENCY ❑ DEPT. OF GEN. SER. ❑ CONTROLLER ❑ NUMBER atrol I V -86 - hereafter called the State, and City of San Rafael, Planning Dept., 1400 Fifth Avenue, San Rafael CA 94902 hereafter tolled 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.) la 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 Administrative Code. 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. The provisions on the reverse side hereof constitute a part of this agreement. ___ .1 • _— L__ L_ _ ,...,,,... _A 1,.. tt,o ­t;o 1. .fn rinnn the rintP first ahnve written. 11V 1Y111VL:JJ �t11L.L-L ••••� •+6•`-�•••`-••` ••-" _--•• + STATE OF CALIFORNIA CONTRACTOR AGENCY Dept. of California Highway Patrol CONTRACTOR IIF OTHER THAN AN INDIVIDUAL. STATE WHETHER A CORPORATION HATNERSHIP ET duty of •an Rafa RV IAUTVbRIZED SIGN ATU REI BY (AUT I SIGN TU II' T 1;,< E TITLE Fiscal Officer ADDREnngngSS anepartment, 11TH VE 't 'CONTINUED ON,L—SHEETS• EACH BEARING NAME OF CONTPACTORI AMOUNT ENCUMBERED S 6,750.00 San Rafael California 94902 APPROPRIATION FUND Abandoned Vehicle Trust Fund Department of General Services Use ONLY UNENCUMBERED BALANCE S ITEM CHAPTERSTATUTES 49 I1-973 FISCAL YEAR 1977/78 ADJ.- INCREASING ENCUMBRANCE FUNCTION Section 9250.7 Vehicle Code Amended by Cha ter 49/73 ADJ. DECREASING ENCUMBRANCE LINE ITEM ALLOTMENT Expenses 1 hereby certify upon my ,knowledge I knowledge that budgeted fund ure avnilable for the period me purpose n( the expenditure stater! above. T.B.A. NO. B. R. NO. SIGNATURE OF AC UN TI OFFI R DATE"L 2 ` 1977 ® r%J forth in State Administrative Afunuul Section 1209 1 hereby certify shut all Condit' ns "dorument have been complied with a d t s is exempt from review by the Department of Finance. SIGNA7U OF OFFICEW1 G BE ALF OF THE AGENCY DATE,.OL 21 1977 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 be 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 contrZct 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. 1qd5� 71 61 b, SU�Z;OH dHO �3A13Z)3a r FAIR EMPLOYMENT PRACTICES ADDENDUM 1. In the performance of this contract, the Contractor will not discriminate against anyemployee 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 appli- cants 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 com- pensation; and selection for training, including apprenticeship. The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be pro- vided by the State setting forth the provisions of this Fair Employment Practices section. 2. The Contractor w.ill permit access to his records of employment, employment advertisements, application 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 purposes 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 pro- vision to have occurred upon receipt of a final judgment 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 deter- mined that the Contractor has violated the Fair Employment 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 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. 30121-770 12-74 ZOOM O OSP � 1 ' �. ♦.- A 1 ' STD. 3 (Rev. 11/74) Abandoned Vehicle Abatement Agreement, Contract V-86-77/78 Page 2 July 1, 1977 4. The term of this agreement is July 1, 1977, through June 30, 1978. 5. 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 examination 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 reimbursement 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 One Hundred Fifty (150) 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) Forty-five Dollars ($45.00) 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 Six Thousand Seven Hundred Fifty Dollars ($6,750.00). 11. This agreement may be amended by mutual consent of the parties hereto. thall- all 071 the •�•�,�-�in"1'� .:.v_:�.i�.._ ��al'�i1CL.r..•i' ��j'1'J�ic:!-.