Loading...
HomeMy WebLinkAbout74-13 1 8 $ 6 ,./ 8 9 10 11 1,9, 18 16 1"/ 18 19 gl ~8 8O 81 82 RESOLUTION NO. 74-13 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA THAT PROVIDES FOR THE CITY OF UKIAH TO ENTER INTO AN ABANDONED VEHICLE PROGRAM IN COOPERATION WITH THE CALIFORNIA HIGHWAY PATROL WHEREAS the State of California has established the abandoned vehicle trust fund to reimburse cities for costs in connection with the abatement of abandoned vehicles, and WHEREAS the City of Ukiah has an abandoned vehicle abatement program. NOW THEREFORE, BE IT RESOLVED that the Agreement attached hereto and made a part hereof between the California Highway Patrol and the City of Ukiah for the purpose of establishing abatement of abandoned vehicles program is hereby approved and BE IT FURTHER RESOLVED that the Mayor is authorized to execute said agreement on behalf of the City. PASSED AND ADOPTED this 1st day of August , 1973. ATTEST: 'STAND~RD AGREEMENT 2-~.,3~/,~ ~-.':~L ~, ~ ,' : ~AT~ O~'C/~.IFORNI*~- , , , ~,~ .... ; '"' : ..... ~' ' ' : :'"": :' ~ : ' 12th July THIS AGREEMENT, made and entered mid this .... day o[ in ~e Stnte of Calff0mia. by and baleen State of Califo~, ~rou~ its duly elected or ap~ted, quaHfied.~nd acting, .. STAT£ AGENCY ..] [')E~tWT, OF 2 CONTROLt E,~ TITI. E OI~OFFICE~ ACTING FOR ~'TATE- j AGENCY. t Fiscal' Officer: '..:','_:i':''~" ~ D~. of California Highway Patrol [ C-194,T_7_3/74 fleveapte~ c~d t~ S~e, a~ ~. .. '. Ciey off ~iah'. 203 Soueh School' $e~a~t, ~iah~ ~ 95482 J:erea~e~ c~d the C~t~. WITNESSETH: Th~ ~e Con~ctor for ~nd ~ ~id~m~on of the cov~n~, condi~o~, ~eem~nts, ~nd s~pu~o~ %t::~e hereinafter expressed, does hereby ~ee to ~h to hhe State sauces ~nd m~~, ~s,f°!l°ws' (S,:t fo~h se~e :o be r~ed bg C~~r, a~nt ~ be p~ C~~, time/or p~o~e o~ comp~, ~ ~h p~ a~ ~~~, if a~.) Con~xac:or agrees to eaeabllah an abandoned vehicie abaee~.nt program in cooperaeion ~teh ~he Ca%i~o~ia Highway Patrol, sad in co~liance ~ieh the Catiffo~ia Vehicle...gode-Sec~ion 9250,7, 22702,' an~ 22710, copies o~ which ~ked. ~*E~ibi~..'A'.[.-and~de by:.=e~exence 'a:.pa~t_-hereof. .. ~ont~actor ahal~" p~ovide ~o~ the abatz~nt of abandoned vehicles tn accordance ~h loca~o~dinances a~ set ~otth in the State Vehicle Code Section 22660 ~~d~':~;*E~ibi~:~B,:~.t::-.cop~s.~ of ~ich' a~e.,~a~ached and.~de by re~e~ence a Con:ractori.:as~es~:20:~f~niSh' pers~l .and.-se~ices. necessary, for the abatemen o[. abandoned~vehiclea?-~Ioca~ed-wi~hin ~ir:: j~isdiction and as described tn "E~ibiC B'.':?'SUbJecC to .the'.-condicion'.thac priority shall be given ~o the abaCemen: of':-abandoned vehicles from corridors of the S~a~e High~ay System, from p~[ic: [ands and 'parks, and [rom river and wi[dli[e areas. This contract does not apptF?Co che:'(;abatemen~ o[ vehic[es .' enclosed on ~he propercy off a dis~n~Ier,:.Co~ se~ice, or any o~her private b~iness e~aged in ~'he abatemen~ o f vehic les ." ' Contractor f~ther asrees to maintain a record.of each vehicle abated and . : . "',/---/2':' '. :.' . <' ~; ~-: '_ ~e provfsfo~ ~ ~e ~verse side her~{ ~nstftute a ~ o~ ~is ~eement (over) ~N W[TN~S WHEREOF, this a~ment has been-executed by the. p~es hereto, upon ~e date ~t u~ve ~en. STATE OF C~~O~tA CONT~CTOR Dep.c. of California Highway Patrol AUTHORIZED'SIGNATURE) - - ( CON:TINUE,13 01~ $H£~$,. F-AD, J~,ARING~ NAME. OF~. CONTRACTOR CONTRA(~TOR ! IF O?N~ 'r~AN AN INDIVIDUAL, STA"r~ WHETHEE A CORONATION, City: of ~iah S? ( AUT~IZEO SIGNATU~) , . . . _ - . .... LINE ITEJ~ ALLOTMENT ' ,-, ' ' ; ....::'2: ,J; .::' d ! : .;, .. :f(...: i ~be~'.~mpti~ m~th. ~ t~~..~:~em~ f~ r~k~ by the DocUment vi Fizzle. ,. ,., .~ . ~ 1. The Contractor agrees to indemnify, defend a'nd s~(,~"han~filess the State, its officer's, ~gent~; ' ~qnd employees from any and all claims and losses accruing or resulting to any and ail o)ntractors. subcontractors, mate~almen, laborers and any ~ther person, finn or c~rporation furnishing or :4t??l?ix~g work, semites, materials or supplies in connection with the pe~o~ance of this mntract. :t~',~! fr~m~ any. and all claims and losses accruing or resulting to any person, fi~ or corporation who ~nav l,' injUred or damagcd bv the Contractor in the performance of this contract. 2. The (:ontmctor,.and the agents and employees of Contractor, in the performance of this agreement, shall'act in an inde~ndent capacity and not as offic~rrs or employees or agents of State of California. ~ ~: ...... :'C-:::';O,,'~: :%7~ 7 . . · 3. The State.~ay resinate this agreement and be relieved of the payment of any c~nsideration to Co~stractor should Contractor fail to pe~orm the covenants herein o~ntained at the time and in tt.~' mam.,v herein provided..In the event of such te~ination the State may pr.isled with the work m~ a.y mimncr deemed proper_by the State. The cost t. the State shall be deducted from ;usv sum' ~h.' ti.' Contm('tor u.(lcr this a~r(,(.ment, and. the 1,als.c(.. if :.~y. shall })e paid the ,1. \,Vitl.m~ the written ('..se.t of th~. State, this agrt,t:m(,~d i~ n()! assi~nal)h, by (X)ntra(:tor either i~ wh.h.-.r in part. , !' :i? ~ 5.-.;Time is the esscnc'~ of this a~,reement. 6. N. :tlteration or varial~ion 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. Th(' consideration to. be paid Contractor, as provided herein, shall be in compensation for all of (;ontractor's expenses incurred in the performance her(~'of, in('luding travel ;md per did-m, ,,nh'ss ~,ii,,,rwise expr(,.ssly'S~, provided. 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 raporta 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 no't later' than fifteen (15) days following the last day of the quarter to be covered. The term of the contract commences July 1, 1973 and expires June 30, 1974o This agreememt may_be cancelled by either party upon thirty (30) days prior' written notice. ~ Contractor agrees to perform no further services upon 'notice of such cancellatton~i;~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 ~.nto and made, by. reference a part hereof. · · For the purposes of-this a One Hundred (100)-I, '~' ". '~i. ,~;,i~:x,~if, a~reementandOned vehicles::iwillthe/c°ntract°rbeeStimateSabated duringthat approximatellthe term hereof._:~Basejd UROn. the total amount of thiS,agreement the average rate per -::.. :::.,..; ~:;. vehicle~:.abated will~-.be Fifteen Dollars :.~ .~' "::./: ~."7;~:,'-" Page-2 Contract -~, '~. 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 approp~rtated to the Department of California Highway Patrol and subject to the fiscal procedures of the S~ate of California. The to~al amount of this contract shall not exceed ~(3~e ~%~ousand Five Hundr:sd Dollars ($1,500.00) 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'. I1615, datmd August 15, 1971, or any subsequent Order modifytng,, 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. .r , FAiR £MPLOYMENT P?JXOTiCES ADDEN.oUM 1. In the performance of this contract, the Contractor wi!! not discriminate against any employee or applicant for employment because of race, color, re- ligion, ancestry, sex, or national origin. The Contractor wi!! take affirmative action to ensure that applicants are employed, and that employees are treated dt,,ring emnlo,?'ment, without regard to their race, color, religion, ancestry, sex, or national origin. Such action shall include, but not be limited to, the follow- ino- em~lo~,?2nt uorrrad~n~ demo/ion or transfer rca~.~ aS~~sing' t~vo~ or termination; --+~ of = , ~a,.~s pay or other forms o.z compensation, and selection for training, including apprenticeship. The Contractor shall cost 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 p~poses of investigation to asce~ain compliance with the Fair Employment ~actices section of this con- tract. (a) .T, he State may determine a %vil!ful violation of the Fair Employ- ment Practices provision to have 'occu~ed 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 in- vestigated and determined 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 th£s contract either in whole or in part, and any loss or damage sustained by the State ~n 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 there- of to the State. STD. FORM 3 (6/72) · .