HomeMy WebLinkAboutCalifornia Highway Patrol 1995-07-11 (active)OOS AGREEMENT
AGREEMENT
This Agreement is made and entered this 0, day of
, 1995, in Ukiah, California, by and between the
City of Ukiah ("City"), an general municipal corporation by and
through its City Council, the California Highway Patrol ("CHP"), a
state agency, by and through the Area Commander of Ukiah and
Garberville, and the County of Mendocino, a political subdivision
of the State of California by and through its Board of Supervisors.
RECITALS:
1. Effective August 1, 1993, with adoption of Art. 3, Ch. 1,
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 cities and counties
must process administratively rather than through the courts.
2. Vehicle Code section 40200.5 authorizes a county to
contract with a city to process parking violations issued in the
county.
3. Vehicle Code section 40200.3 requires the CHP to deposit
funds attributable to notices of violation it issues in the account
of the jurisdiction where the violation occurred.
4. Under Vehicle Code section 40200.4, the processing of
parking violations by a court attributable to notices of violation
issued by the CHP shall be transferred to the processing agency in
the jurisdiction where the citation was issued;
5. On August 9 , 1994, Mendocino County and the City have
entered an agreement under Vehicle Code section 40200.5 to transfer
the processing function for notices of violation issued by the
county sheriff in inland Mendocino County to the City;
6. The parties intend for the City to act as the processing
agency for the CHP as to notices of violation it issues in
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.
1. SERVICE PROVIDED BY CITY: Effective 114 11
1995, the City will process all notices of parking violations
issued by the CHP in the unincorporated portions of Mendocino
County.
1.1 City to use Vehicle Code procedures. City will
process notices of parking violation in accordance with
the procedures set forth in Division 17, Chapter 1,
Article 3 of the Vehicle Code (commencing with §40200),
including the hearing procedure for contested notices
required by Vehicle Code §40215 and the collection
procedures authorized by §40220. As to notices of
violation issued by the CHP, Mendocino 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. Mendocino County hereby authorizes its
county administrative officers 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. CHP AND COUNTY OFFICER'S OBLIGATIONS: The CHP, and/or
Mendocino County will direct CHP officers to use the notice of
violation and notice of penalty provided by the City, provided said
documents comply with Vehicle Code §40203.
2.1 CHP to provide City with copy of tickets. CHP shall
provide City with a copy of each Notice of Violation and
Notice of Penalty issued by its officers within 15 days
of its issuance.
2.2 CHP to conduct review, if requested by City. Upon
City's request, the CHP shall conduct any review of the
parking violation requested by any person pursuant to and
within the time required by Vehicle Code §40200.7.1
However, City shall have the right to conduct the review
itself as provided in said section.
2.3 Board of Supervisors to set parking penalties. The
Board of Supervisors of Mendocino County 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
1 21 days from issuance of Notice of Violation or 10 days from
mailing notice.
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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 I3 increase in the future,
the county shall increase its parking penalty by a like
amount within 60 days of the effective date of the
surcharge increase. The City 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 and the
state construction fund surcharge imposed by Penal Code
§1464. The county shall file with the City a statement
of the total surcharges currently in effect. City shall
pay to the county all such collected funds by the 10th 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. The 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 the 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
the 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
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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.
5. 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 agreements 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
California Highway Patrol
Area Commander
540 South Orchard Ave.
Ukiah, CA. 95482
California Highway Patrol
Area Commander
30 West Coast Road
Redway, CA. 95560-9999
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
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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, the County and CHP 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 Agreement.
WHEREFORE, the parties have entered this Agreement on the date
first written above.
By:
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CITX OF UKIAH
Charles L. Rough r.,' City Manager
ATTEST:
Approved as to form:
ATTEST:
(;;C1er o the Board
By:
Approved as to form:
("4,1
County Counsel
CALIFORNIA HIGHWAY PATROL
By:
Ukiah Area Commander
BY:
Garberville Area Commander
COUNTY OF MENDOCINO
Chair n of the :-.ard of Supervisors
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