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