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HomeMy WebLinkAboutC-1736 - Abandoned vehicles program,IEWPORT BEACH POLICE DEPARTMESL ' MEMORANDUM TO: CITY CLERK FROM: LIEUTENANT W. BLUE SUBJECT: AVA PROGRAM DATE: 8/4/76 TIME: REGARDING THE ABANDONED VEHICLE ABATEMENT PROGRAM (AVA), THIS DEPARTMENT NO LONGER IS CONTRACTED WITH THE STATION AND THE PROGRAM AND THE PREVIOUS CONTRACT HAS BEEN TERMINATED. ❑ PLEASE REPLY NSPO Form 1.23 (rev. 6 -4 -681 ❑ REPLY NOT NECESSARY STANDARD AGREEMENT — wnopNsr BY THE GENERAL ❑ STATE AGENCY Sj ATE OF CAL-VORNIA ❑ DEPT. OF GEN. B STD (REV. 10/721 EA. El CONTROLLER THIS AGREEMENT, made and entered into this 1st _day of July 19 75 ❑ 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 NUMBER Fiscal Officer De artment of California Highway Patrol V-49 -75/76 CITY OF NEWPORT BEACH, Police Department, 870 Santa Barbara Drive, Newport Beach, CA 92660 i hereafter called 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 specification+, 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 their jurisdiction. "Abandoned Vehicles" are those as described in the "California Admin- istrative Code," subject to the condition that priority shall be given to the abatement of abandoned vehicled from corridors of the State Highway System, from public lands and parks, and from river and wild — like areas. 3. 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 avail- able for examination by the California Highway Patrol or its authorized representatives at any time during that period. 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 Department of California Highway Patrol CONTRACTOR IF OTHER THAN AN INDIVIDUAL, STATE WHRHER A CORPORATION. BY (AUTHORIZED SIGNATURE) MY (AUTHORIZED SIG ATU E) � •I� MAYOR TITLE DEPUTY Fiscal Officer ODRESS (CONTINUED ON — SHEETS. EACH HEARING NAME OF CONTRACTOR) 3300 Newport Boulevard.. Newport Beach. CA Do Not Writs in This Spam AMUUNI UY THIS G5TIMATE AYYROYRIAIIUN rVrvV $ 5,625.00 Abandoned Vehicle Trust Fund UNENCUMBERED BALANCE ITEM CHAPTER STATUTES FISCAL' NA NA ADJ. INCREASING ENCUM- FUNCTION BRANCE ADJ. DECREASING ENCUM- LINE ITEM ALLOTMENT BRANCE I hereby certify upon my own personal knowledge that budgeted funds 1 are available for the period and purpose of the expenditure stated above. SIGNATURE OF ACCOUNTING OFFICER DATE 1 hereby certify that all conditiorw for exemption set forth in State Administrative Manual Section 1201.13 have been complied with and this document is exempt from review by the Department of Finance. SIGNATURE OF OFFICER SIGNING ON BEHALF OF THE AGENCY DATE oar 0 0 1. '1.he: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 ;rod in the manner herein provided. In the eve-nt of such termination the State may proceed with the work in :my 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 Contractor's expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided. Abandoned Vehicle AbatWnt Agreement . Page 2 July 19 1975 4. Contractor agrees to furnish to the California Highway Patrol calendar year quarterly reports summarizing its abatement activities. Forms shall be provided by the California Highway Patrol, and reports shall be submitted to the California High- way Patrol, 2611 - 26th Street, Sacramento, CA 95818, not later than ten (10) days following the last day of the quarter to be covered. 5. The term of this agreement is July 19 1975 through June 30, 1976 except that it shall not be effective until signed by both parties, approved by the Department of General Services, Legal Office, when applicable, and until a resolution has been adopted covering said agreement. 6. This agreement may be cancelled by either party upon thirty (30) days prior written notice. Contractor agrees to perform no fur- ther 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 incor- porated into and made by reference a part hereof. 8. 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. 9. Based upon the total amount of this agreement the average rate per vehicle shall be Twenty rive Dollars ($25.00). The total amount of this agreement shall not exceed Five Thousand Six Hundred Twenty Five Dollars ($5,625.00) during the term hereof. 10. State agrees to pay contractor monthly in arrears and upon submis- sion of an itemized invoice indicating the actual number of abandoned vehicles abated during that period. Payment shall be made from funds appropriated to the Department of California Highway Patrol and sub - ject to the fiscal procedures of the State of California. 11. This agreement may be amended by the mutual consent of the parties hereto. I hereby certify that all conditions for exemption Nava been complied tsith and this contract is exempt from the Department of General Services' approral. that all cor-flitions for e oT° 11209 "I hereby ce :'tify G ative ".aru 1 Sect' e--empt Seen hgve t _ fro;n nevi es7 by FA•EMPLOYMENT PRACTICES ADDENDINJ 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 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 investigation to ascertain compliance with the Fair Employment Practices section of this contract. 3. Remedies for 1Villful 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 Slate 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, wz,ax iz_" I . M o .sP S11). 3 lRot'. 11 /741 6 July 21, 1975 Police Department Attention: Lt. 'lue Abandoned Vehicle Abatement Agreement C -'.736 Attached are four copies of subject agreement for transmittal to the California Highway Patrol along with certified copy of Resolution No. °556 adopted by Council at its meeting on 7- 14 -75. 'fter the agreement has been executed by the State, please send the fully executed original to our office for our files. 'bris M. George Ppputy City Clerk rP"I :.wk enc. STATE OF CALIFORNIA— BUSINESS AND TRANSI AGENCY DEPARTMENT OF CALIFORNIA HIGHWAY PATROL P.O. BOX 898 SACRAMENTO, CALIFORNIA 95804 June 2, 1975 File No. 71.A1687.A3541 City of Newport Beach Police Department 870 Santa Barbara Drive Newport Beach, CA 92660. Attention Bill Blue Gentlemen: Re: Abandoned Vehicle Abatement Agreement V -49 -75/76 Edmund G. Brown, Jr. ��soen4 Please return Abandoned Vehicle Abatement Agreement V -49 -75/76 to us. We have discovered a typographical error in the agreement. Attached is a corrected copy of Abandoned Vehicle Abatement Agreement V -49 -75/76 for your participation in the AVA Program. Please have the agreement signed where indicated in red and return all copies along with the resolution to the Califouaa Highway Patrol, Ac- counting Section, Post Office Box 898, Sacramento, CA 95804, for further approval. When the agreement is approved, the original will be returned to you for your files. Very truly yours, A. R. KNEZOVICH Commander Accounting Section Attachments RESOLUTION NO. 0 A.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE DEPARTMENT OF CALIFORNIA HIGHWAY PATROL PERTAINING TO THE CITY'S PARTICIPATION IN THE ABANDONED VEHICLE ABATEMENT PROGPAI4 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, the City has been a participant in the AVA Program in the past; 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, 1975 through June 30, 1976; and WHEREAS, the City Council has considered the terms and conditions of said agreement and found them to be fair and equita- ble, 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. -1- E 0 BE IT FURTHER RESOLVED that the City Clerk is authorized and directed to forward a certified copy of this Resolution to the California Highway Patrol Accounting Section, Post Office Box 898, Sacramento, California 95804. ATTEST: ty Cle ADOPTED this 14th day of July , 1975. HRC /bc 6/16/75