HomeMy WebLinkAboutCounty of Mendocino 1994-08-09 Active . ��s ArRF�MFNT # y�-i:��
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AGREEMENT
This Agreement is made and entered this �1`'"� day of
!;,, .� , 1994 , in Ukiah, California, by and between the
City� of Ukiah ( "City" ) , an general municipal corporation by and
through its City Council, and the County of Mendocino ( "County" ) ,
a general law county, by and through its Board of Supervisors .
RECITALS :
l . Effective August 1, 1993 , with adoption of Art . 3 , Ch. l,
Div. 17 of the California Vehicle Code (commencing with Veh. C.
§40200) , violation of state and local parking restrictions are
civil rather than criminal violations which City and County must
process administratively rather than through the courts .
2 . Vehicle Code section 40200 . 5 authorizes County to contract
with City to process parking violations issued in the County.
3 . Relatively few parking violations are issued in the
unincorporated areas as opposed to the incorporated cities in
Mendocino County.
4 . Accordingly, the City and County have determined that it
is in their mutual self-interest and the interest of the general
public for the County to contract with the City for the processing
of parking violations issued in the unincorporated portions of
inland Mendocino County.
AGREEMENT:
In consideration of the above-recited facts and the terms and
conditions as further stated herein the parties hereby agree as
follows .
l . SERVICE PROVIDED BY CITY: Effective August 9 ,
1994 , the City will process all notices of parking violations
issued by the County in the unincorporated inland portions of
Mendocino County. "The inland portions of Mendocino County" as
used herein shall mean all those areas within Mendocino County
outside incorporated cities, excluding the coastal areas . "Coastal
areas" shall mean and include all those portions of the county
within five miles of the Pacific coastline within Mendocino County.
l . l City to use Vehicle Code procedures . City will
process notices of parking violation in accordance with
the procedures set forth in Division 17, Chapter l,
Article 3 of the Vehicle Code (commencing with �40200) ,
including the hearing procedure for contested notices
required by V�hicle Code §40215 and the collection
procedures authorized by �40220 . The County hereby
assigns to the` City its right to any funds collected by
the California Department of Motor Vehicles ( "DMV" ) and
remitted either to it or the City in response to a filing
under Vehicle Code �40220 (1) or to seek a civil judgment
to enforce parking penalties upheld by a final decision
of the City. County hereby authorizes the County
Administrative Officer to sign any further documents that
may be necessary to authorize the DMV to remit funds
collected on behalf of the County to the City or to
authorize the City to pursue civil judgments in
accordance with Vehicle Code §40220 (2) .
1 . 2 City to defend final decision. City will defend any
of its final administrative decisions challenged by a
contestant pursuant to Vehicle Code §40223 .
2 . COUNTY OBLIGATIONS : County will print at its own expense
and direct its parking enforcement officials to use the notice of
violation and notice of penalty as provided in Vehicle Code §40203 ,
including any information requested by the City to be included
therein.
2 . 1 Countv to provide City with copy of tickets . County
shall provide City with a copy of each Notice of
Violation and Notice of Penalty issued by its parking
enforcement officials within 10 days of its issuance .
2 . 2 County to conduct review, if rec�uested by Citv.
Upon City' s request, County shall conduct any review of
the parking violation requested by any person pursuant to
and within the time requiredl by Vehicle Code §40200 . 7 .
However, City shall have the right to conduct the review
as provided in said section.
2 . 3 Board of Supervisors to set parkina penalties . The
Board of Supervisors shall adopt periodic resolutions
establishing the amount of the parking penalty for each
parking violation enforced within the unincorporated
county areas, using the proper procedures required by
law. Any fees required by state statute shall be
included in said resolution. As far as practical those
fees should be consistent with similar fees established
by other jurisdictions within the county. The County
shall file a certified copy of the currently effective
resolution with the City and any subsequent changes to
said resolution. If the surcharges payable to the County
under ¶3 increase in the future, County shall increase
its parking penalty by a like amount within 60 days of
the effective date of the surcharge increase . The City
1 21 days from issuance of Notice of Violation or 10 days from
mailing notice .
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July 13, 1994
shall only be obligated under this Agreement to process
parking violations as set forth in the resolution filed
by the County, provided further that the resolution
complies with the provisions of this paragraph.
3 . FEES FOR CITY PROVIDED SERVICE:
3 . 1 Basic fee . City shall be entitled to retain any
fees or penalties collected by it pursuant to this
Agreement, except for the surcharges imposed by County
resolution pursuant to Government Code �§76100 and 76101
for the jail and courthouse construction funds, currently
totalling $3 . 00 , and the state construction fund
surcharge imposed by Penal Code §1464 , currently
totalling $2 . 00, or a current total of $5 . 00 . City shall
pay to the County all such collected funds by the lOth of
the month following the month in which the funds were
collected. Any parking penalties received by the County
or the county courts shall be paid to the City within 10
days of their receipt . County shall not be entitled to
any interest on funds the City collects, regardless of
when payment is actually made to the County.
3 . 2 Additional fees . In addition to the base fee, City
shall be entitled to charge County for its actual cost
(attorney' s fees at the City' s contract rate, time and
associated overhead on a cost accounting basis for city
staff) , if the City defends a final decision pursuant to
¶1 . 2 , unless the court reverses the City' s decision
solely and exclusively because of an error of the City
or its officers or employees in processing the violation
pursuant to this Agreement . City may charge County for
its actual costs of defending any challenge to the
County' s resolution establishing parking fees . In each
such case, the County has the right to defend the
decision or resolution at its own expense in which event
the City is only entitled to the base fee . The County
shall pay any additional fees pursuant to this
subparagraph within 30 days of receiving an invoice from
the City for such fees .
4 . INDEMNIFICATION AND HOLD HARMLESS AGREEMENT. Each party
to this agreement shall indemnify and hold the other party to the
agreement, and its officers, agents and employees, harmless from
and against any liability, cost, expense, claim or obligation
arising out of the indemnifying party' s negligent or other wrongful
performance under this Agreement . The indemnification provided
herein shall include the costs of defending against any such claim,
including attorney' s fees .
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July 13, 1994
S . ENTIRE AGREEMENT. This Agreement contains the entire
agreement between the parties concerning its subject matter and
supersedes any prior statements, agreements or understandings
between the parties concerning the same subject matter. Any such
prior statements, agreements or understandings are hereby declared
null and void and of no further force or effect . The parties may
amend this Agreement or enter new or additional agreements,
provided any such amendments or agreemenrs are contained in a
writing approved by the legislative bodies and executed by duly
authorized officials of both parties .
6 . NOTICE. Whenever written notice is required or allowed
under the terms of this Agreement it shall be deemed given when
personally delivered or when received by certified mail, return
receipt requested, and addressed as follows :
City Manager
City of Ukiah
Ukiah Civic Center
300 Seminary Avenue
Ukiah, California 95482
County Administrative Officer
County of Mendocino
301 State Street
Ukiah, California 95482
7 . TERM. This Agreement shall commence on the date first
written above and shall remain in effect, until terminated by
either party on 180 days prior written notice . Either party may
terminate the agreement at any time based on a material breach by
the other party. No such termination based on a material breach
shall become effective until the party seeking to terminate the
agreement on this basis gives the other party written notice of the
alleged breach and the steps it claims are necessary to cure the
breach. If the breach is not cured to the satisfaction of the
party giving such notice within sixty days from the date such
notice was given, the agreement shall terminate immediately upon
the giving of written notice of such continuing dissatisfaction.
8 . NO THIRD PARTY BENEFICIARIES. This Agreement is for the
exclusive benefit of City and County and confers no rights or
benefits on any persons or entities not a signatory to this
Agreement . No third party beneficiaries are intended or
established by this Agreement .
9 . DUPLICATE ORIGINALS . This Agreement may be executed in
one or more duplicate originals and when so executed each duplicate
original bearing the original signatures of the parties shall be
admissible in any administrative or legal proceeding as evidence of
the terms of this Agreem�nt .
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July 13, 1994
l �
WHEREFORE, the parties have entered this Agreement on the date
first written above .
CITY OF UKIAH
By:
„ , Ma or
ATTEST J �` �
lL� � �
,
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Cityi,,_C e k ,
/
,
Approved as to
C tto e
COUNTY OF MENDOCII�?U
B . �!� �j' �
Y' 7�y�- �
Chairman of the board of Supervisors
ATTEST:
C� •
Clerk o e Board
Approved as �a form:
%�l�'���e� ��� �
Co y Counsel
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July 13, 1994