HomeMy WebLinkAboutResolution No. 5171RESOLUTION NO. 5171
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 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, 1976 through June 30, 1977, and hereby agrees
to enter into said contract.
IT IS FURTHER RESOLVED that the City Manager or his designated representa-
tive 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 regularly introduced and
adopted at a regular meeting of the City Council of said City held on the
7th day of September , 1976, by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Acting Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
MARION A. GRADY, City Clerk
A1•rFG� E RAI.
1r�E
STANDARD AGREEMENT ATTDI;NE G•E'
STATE OF CAL. FORNIA
STD. IRE: V. 11 174
1st
THIS AGREEMEN"f, mode and entered into tilt:; _. _ --._ - da) of __ j4 --y— , 19 76 ,
in the State of California, Ity i,nd between Stolle Of California, through its duly elected or appointed,
qualified and ,icting
TITLE OF OF1=.C6N ACTING FOR STA"T"E
AGENCY
Fiscal Officer Dept of California Highway Patrol
❑
C014TRACTOR
STATE AGENCY
❑
DEPT. OF GEN. SER.
MCONTROLLER
NUMBER
V-155-76/77
CITY OF ISANIRAFAEL, Building Department, 1400 Fifth Avenue, San Rafael CA 949
hereafter uullod tilt. talllllticlrll'.
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 smv11 c to hl- I('rIIII -r I by 1:u1111-uc1ur, 1 ,,111 to bt I„ud t;nnlnwtur, trrno fur pur(unnunar. nr cunlpletrrrrr,und attach plans and spouificatiuns, if 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
Code. Priority shall be given
corridors of the State Highway
river and wildlife areas.
as described in the California Administrativt
to the abatement of abandoned vehicles from
System, from public lands and parks, and from
The provisions on the reverse side hereof constitute a part of this agreement.
IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written.
STATE OF CALIFORNIA
AGENCY
Dept. of California Hi
pY (AUTHORIZED SIGNATURE)
TITLE.
Fiscal Officer
CONTRACTOR
T � MM j'
ADDRESS u g Dep t nt,
(CONTINUED ON 1 SHEETS. EACH BEARING NAME OF CONTRACTOR) 1400 Fifth AIenue�n RafaeS
AMOUNT ENCUMBERED APPROPRIATION ENCUMBERED (DESIGNATE WHERE APPLICABLE)
Deportment of General Services 875 00 YEAR(
Use ONLY � STATUTES of 197_
ITEM CHAPTER
SECTION
CODE
49 Abandoned Veh cle Trust
COIJTRAC TOR IIF OTI/GR TNAN AN INDIVIDUAL, STATE WMLTI/EN A .^,DRPOYATION.
P ARTN ERSIIIP,ETC.I
Patrol City of
,of San Rafael
DV AUj.H ORI- E)
r
E
1 horeby ctrtily upon Illy own personal kuuwledua that bndgetad fallds
nrenvniluhb: furthepenodaudpurpirse of the axtteridilurest(iteduliovti.
SIGNATURE OF ACCOUNTING OFFICER
101.
I brn:by I crtlfy that all cundittons for exenrptron sot forth in Stain Adrninislrutive Mumxrl Section 1208
In ICI• bten cunlpliud with and this document is exempr front review by the Department of Finance.
5.GNAT•IRi OF OFF -:ER SIGNING ON BEHALF OF AGENCY
DATE
30470-793 1-75 1754 C
1. The Contractor ;tgrees to indemnify, defend and save harmless the State, its officers, agents
and employees from any :und 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 parson, firm or corporation
who may he injured or damaged by the Contractor in the performance of this contract.
2. The Contractor, and the agents and employees of Coutractor, in the performance of this
agn•cnu•nt, shall act in an independent capacity and not as officers or employees or agents of
State of California.
:3. The State may tcrinivate this agrVVInVnt 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 wit,) 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 he binding on any of the parties hereto.
. Thc consideration to he paid Contractor, its 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-155-76/77
Page 2
July 1, 1976
4. The term of this agreement is July 1, 1976, through June 30, 1977.
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 partyupon
thirtyno (30)her services
days. s
prior written notice. Contractor agrees to per
formupon notice of such cancellation and to forward invoices for reimbuxs�t
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
abandoned
approximately Twenty-five (25 )
vehicles will be abated during the term hereof.
9r State agrees to pay contractor monthly in arrears upon receipt of
itemized invoices (CHP 80, Abandoned Vehicle Abatement Invoice)
Thirty-five Dollars ($35.00) 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 subjetofthe
thisfiscal
agreementprocedures
shall not.
the.
State of California. The total amount
exceed Eight Hundred Seventy-five Dollars ($875.00).
11. This agreement may be amended by mutual consent of the parties hereto.
(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 IDDM D OSP
STD. 3 (Rev. 11/74)
I
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 $ctiQq
shall include, but not be limited to, the following: employment, upgrading, demotion or transfer;,
'
recruitment or recruitment advertising; layoff or termination; rales of pay or other .forms of comms
pensation; and selection for training, including apprenticeship. The Contractor shall post in
conspicuous places, available to employees and applicants for employment, notices to ba prq*,
vided by the State setting forth the provisions of this Fair Employment Practices section.
2, The Contractor will permit access to his records of employment, employment ad:vertisaments.
application forms, and other pertinent data and records by the State Fair Employment Prac-tices
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.
r. .
3. Remedies for Willful Violation:
` A.
(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 IDDM D OSP
STD. 3 (Rev. 11/74)
I