HomeMy WebLinkAboutC-1637 - Abandoned Vehicle ProgramCITY OF NEWPORT BEACH
CALIFORNIA
DATr 4tay 30, 1974
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 1637
Description of Contract — AbmAmed Vedc3m Abatmmnt PtopVm
City Hall
13(30 W. Npwport Blvd.
Area (;,,de 714
673-ZIIU
Authorized by Resolution No. . ONG -, adopted on 6-24-'1
Effective date of Contract —July 1, 1974
Contract with California Hi*sm Patrol, Acowsding Section
Address T. 0. 13M ego
Sacramento, CA 96804
Amount of Contract m emtract
t7 'k
cc: D. F. Oyaas Captain
Commander, Patrol Division
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STATE Of CALIFORNIA RONALD REAGAN, Governor
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
P.O. Box e96
SACRAMENTO, CALIFORNIA 95M 051
. July 19, 1974
File No: 71.A1687.A3003
JUL 26 197%
City of Newport Beach .,.. cl-Y
NEwpoII OF .
. 3300 Newport Blvd. \ I
C,
. Newport Beach, California 92660
Attention David R. Baade - - -- ;
Gentlemen:
Re: Contract V- 73/74/75
Attached is your approved agreement for the Abandoned
Vehicle Abatement Program. This fully approved copy is
your authorization to begin the program, July 19 1974.
We have also enclosed supplies required for this program.
Additional supplies are available upon request from the
California Highway Patrol, Accounting Section, P. 0. Box
898, Sacramento, California 95804.
Very truly yours,
Aomm ;ande Ic. 1W
C. r
Accounting Section
Attachments
Y �
STANDARD AGREEMENT — N=KWAh-rzHKs `
STATE OF CALIFORNIA
JIM 2 IA ". 10172)
e.
r
IIS AGREEMENT, made and entered into rh;, 18t da y of July , 194 �
iq the State of California, by and between State of California, through its duly elected or appointed,
qualified and acting
0
❑
CONTRACTOR
STATE AGENCY
DEPT. O r GEN. Slot.
CONTROLLOI
City oY Newpo]Ct Beach, 3300 Newport Blvd., Newport Beach, California 92660
coRtraclor.
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 wn*e to be rendered by Contractor, amount to be paid contractor, time for performance or oomph# ion, and aftscb punt and epectfrmtloae, it any.)
Contractor agrees to establish an abandoned vehicle abatement program in
cooperation with the California Highway Patrol, and in compliance with the
California Vehicle Code Section 9250.7, 22702, and 22710, copies of which are
marked "Exhibit A11 and made by reference a part hereof.
Contractor shall provide for the abatement of abandoned vehicles in
accordance with local ordinances as set forth in the State Vehicle Code Section
22660 marked "Exhibit B," copies of which are attached and made by reference a
part hereof.
Contractor agrees to furnish personnel and services necessary for the abatement
of abandoned vehicles located within their jurisdiction and as described in
"Exhibit B" subject to the condition that 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. This contract
does not apply to the abatement of vehicles enclosed on the property of a
dismantler, tow service, or any other private business engaged in the abatement
of vehicles.
Contractor further agrees to maintain a record of each vehicle abated and
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
Dept. of California Highway Patrol
BY (AUTX IZ[D fIONATURE)
0
Fiscal Off cer
T S' 1
(CONTINUED ON 1 SHEETS, EACH S[ARINO NAME OF CONTRACTOR)
be Net Wdit to rats Space
CONTRACTOR
CONTRACTOR (IF OTHCN THAN AN INDIVIDUAL. ,TAW NN[711= A COMFOIGTION.
q I hereby certify upon my a" permed knowlaeSe that vw getert ww I T.S.A. NO. � S.R. NO.
are available for the period and PaPaosoi the expendin etatDd above.
I Certify that aA for exemption set fort in State Admir"ralloe Manual Sm*on 1201,13
compiled with this JecumeNt:la exempt from revtav by tae Department of Finance.
10�:
, y 1,
1. The Contractor agrees to indemnify, defend and save harmless the State, its officers, agents
and employees- from any and all claims and losses uccnring 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 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 Contractors expenses incurred in the performance hereof, including travel and per diem,
unless otherwise expressly so provided.
APPROVED AS TO FORM '
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3nlda3&H dH�
_ Page 2
Contract
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.
Contractor agrees to furnish to the California Highway Patrol quarterly
reports summarizing their programs activities and expenditures. Forms shall
be provided by the California Highway Patrol, and reports shall be submitted
to the California Highway Patrol, 2611 - 26th Street, Sacramento, CA 95804
not later than fifteen (15) days following the last day of the quarter to be
covered.
The term of the contract commences July 1, 1974 and expires
June 30, 1975.
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.
The attached Form 3, Fair Employment Practices Addendum, is incorporated into
and made by reference a part hereof.
For the purposes of this agreement the contractor estimates that approximately
Two Hundred Twenty- five(225)abandoned.vehicles will be abated during the term
hereof. Based upon the total amount of this agreement the average rate per
vehicle abated will be Fifteen Dollars ($15.00)
State agrees to pay contractor monthly in arrears and upon submission of an
itemized invoice indicating the actual number of abandoned vehicles abated for
that period. 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 contract shall not exceed Three
Thousand Three Hundred Seventy -five Dollars ($3,375.00)
during the term hereof.
This agreement may be amended by the mutual consent of the parties hereto.
The contractor shall comply with the Presidential Executive Order No. 11615,
dated August 15, 1971, or any subsequent Order modifying, amending, terminating,
or substituting for said Order, and all guidelines, rules, and regulations of the
Cost of Living Council, Pay Board, and Price Commission implementing such orders.
The contractor warrants that no wages, prices or salaries to be paid under this
contract will be in excess of the maximum legally allowable pursuant to the
foregoing Order, rules, and regulations.
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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, reli-
gion, ancestry, sex, age', or national origin. The Contractor will take affir-
mative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color, religion, an-
cestry, sex, age, or national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer; recruit-
ment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship.
The Contractor shall post in conspicuous places, available 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 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 investiga-
tion 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 judg-
ment having that effect from a court in an action to which Contrac-
tor was a party, or upon receipt of a written notice from the Fair
Employment Practices Commission that is 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.
• "It is unlawful employment practice for an employer to refuse to hire or employ,
or to discharge, dismiss, reduce, suspend, or demote, any individual between
the ages of 40 and 64 solely on the ground of age,..." (Labor Code Section 1420.1)
STD. FORM 3 (Rev. 8/73)
t 3
v4 no 197
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STATE OF CALIFORNIA RONALD REAGAN, Governor
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
P.O. BOX 898
SACRAMENTO, CALIFORNIA 95804
May 16, 1974
File No: 71.A1687.A3003
.City of Newport Beach
3300 Newport Blvd.
.Newport Beach, California 92660
Attention David R. Baade
Gentlemen:
Re: Contract V -73 -74/75
Attached is State of California Standard Agreement for your
participation in the Abandoned Vehicle Abatement Program for
the period 7/1/74 thru 6/30/75.
oA new resolution is required for this renewal contract. It
should include the period of time covered and the name or
,1, 4 title of the individual authorized to sign the contract.
Please have the contract signed where indicated in red and
return all copies along with the resolution to the California
Highway Patrol, Accounting Section, P. 0. Box 898,
Sacramento, California 95804, for further approval.
When the contract is approved, the original will be returned
to you for your files.
Very truly yours,
S C. HAR LL�'�
mmander
ccounting Section_;` < `'
Attachments%
71 -5 (3 -74)
RESOLUTION NO. 830()-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
JUN 24 1974 OF NEWPORT BEACH AUTHORIZING EXECUTION OF AN
AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH
By f1w CITY COUNCIL AND THE DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
Cjyy M
ppppMT V,#r.RERTAINING TO THE CITY'S PARTICIPATION IN THE
ABANDONED VEHICLE ABATEMENT PROGRAM
WHEREAS, the Department of California Highway Patrol
has established an Abandoned Vehicle Abatement (AVA) Program;
and
WHEREAS, in order to finance this program an Abandoned
Vehicle Trust Fund has been created; and
WHEREAS, all cities which have local abandoned vehicle
abatement procedures established by ordinance pursuant to
Section 22660 of the California Vehicle Code may enter the
AVA Program and thereby become eligible for reimbursement from
the Abandoned Vehicle Trust Fund; and
WHEREAS, the City of Newport Beach qualifies for entry
into this program; and
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain agreement between the
City of Newport Beach and the Department of California Highway
Patrol for participation in the Abandoned Vehicle Abatement
Program for the period July 1, 1974 through June 30, 1975; and
WHEREAS, the City Council has considered the terms and
conditions of said agreement and found them to be fair and
equitable, and in the best interests of the City;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that said agreement for the services
above - described is approved, and the Mayor and City Clerk are
hereby authorized and directed to execute the same on behalf of
the City of Newport Beach.
BE IT FURTHER RESOLVED that the City Clerk is authorized
and directed to forward a certified copy of this resolution
to:
-1-
- i�..�� :;_ �r. - -' a..:' i�::,,. x4a: NC::.ae:i:ia.na��,ai-- '- -... —. .._ .s•,���., ..�.''� uv.a:' = .�,«+.
ATTEST:
City Clerk
• •
California Highway Patrol
Accounting Section
P. O. Box 898
Sacramento, California 95804
ADOPTED this 24th day of June , 1974.
-2-
Mayor
DRB/bc
6/18/74
T �