HomeMy WebLinkAboutAVA FEE PROGRAMSTATE OF CALIFORNIA-BUSINESS, TRANSPORTATION AND HOUSING AGENCY
DEPARTMENT OF MOTOR VEHICLES
T } Gov
P. O. BOX 825393 ... �{"ac'`=y�`T.`� GRAY DAVIS emor 73x'•- l.%
SACRAMENTO" CA 94232-5393
May 19, 2003 +, - r
Fred Davis, Municipal Consultant 4
Fred Davis & Associates` d • - '
1191 Bonair Road
T Chico, CA 95926
Re: 'Butte
• s, County Abandoned Vehicle Abatement`
Fee Program
Dear Mr. Davis:
This is in response to the Butte County resolutions to participate in the Bandon i
(AVA) Fee Program, ed Vehicle"
Abatement
The department will begin collection of the $1 AVA fee on all vehicles,' ' d an additional'
*, : of $3, for Commercial Vehicle Registration Act vehicles for: (1) registra 'on renewals which' h r a total
expiration date of August 1, 2003, and later; and (2). original application ;where fees are due on ora'
August 1, 2003. The fee will be assessed on vehicles with an address in utte County, as determined after
the county code on record. The vehicle registration billing notices for iration dates of Au y
2003, and later, will be mailed May 13-16, 2003.. The sunset date for the Butte County AVA pro 1, i
July 31, 2013. d g s
The departmentwill retain'a one-time fee of $7,109 to cover programming
implementation costs, plus an ongoing charge of $.005 per transaction• he movadministrative
s oitrative
remitted to Butte County, from the State Controller, as provided by legis tion. 'Any questions elgardin
this remittance should be referred to Jean Shiomoto, DMV Controller, at 916) 657-7852. Mg.
_ If you have any questions regarding the collection of this fee, you may contact me at 916
Annette Bridges; of my staff, at (916) 657-6317. ,( ) 657-6257, or
. Sincerely,' . _
RICHAkAWRIGH ', Manager
Regis do Automa ' Development "
1.
cc-+ Jean S 'omoto,FDMV Controller �4 j
Jeff Mansur,-DMV Accounting
Sandy Stephens, DMV Financial Services
Renee Nakamura, DMV Accounts Receivable
State of California N Business, Transportation and Housing Agency
Mem'orand.um �•_ yoar
'
E F F I C I E N T, -
Date:`a March 18, 2003
To: Department of Motor Vehicles
,Registration Automation Development ; Department" - a• h. 2415'f! Avenue .�
• Sacramento, CA• 95818 * ,in_
" Attention: Mr. Richard Wright, Manager
From: DEPARTMENT OF CALIFORNIA HIGHWAY PATROL , r , t •. F
Enforcement Services Division a '.
File No.: 060.061.A11120.2003 20023 '
Subject: • -BUTTE COUNTY ABANDONED. VEHICLE ABATEMENT PLAN..'
'
^'- APPROVAL • ►' '
Mr. Fred Davis, Municipal Consultant for the County'of Butte, submitted an Abandoned : t
L Vehicle "Abatement Plan for California Highway, Patrol approval. Enforcement Services ,
�'. Division'sField Services Section reviewed the plan and, in accordance with California
Vehicle Code Section 22710, determined that the plan complies with established California, a
Highway Patrol guidelines contained in Highway Patrol Handbook 87. 1, Abandoned ;.
Vehicle Abatement Program Handbook: A copy of the approved plan•will be maintained.
-by Field LServices Section. Attached"is your copy of the plan for implementation of the one
dollar ($1) vehicle,registration fee for the County of Butte. ", 4•. ,
' Should you desire 'further information regarding this matter please do not hesitate to contact-
me or Cantain Ike Iketahi,,Field Services Section, at (916)323-1483. r" ,
S. H: PEREZ, Chief
Attachment •.
cc: Mr. Fred Davis
AVA
CHP 51WP (Rev. 11-6) OPI 076 '+ • t
� 'CHIEF -
ADMINISTRATIVE` OFFICE'
COUNTY OF BUTTE 4
` 25 COUNTY CENTER DRIVE s'
o�11TrFo _ F -
' . w OROVILLE, CALIFORNIA 95965-3380 MEMBERS OF THE BOARD
o o Telephone: (530) 538-7631 ,., .:,, ;
R. J. Beeler
o --d o o { �, ..Fax: (530)'538-7120 : ,. • - t Jane Dolan
c�UN�,I Y ; �' • Mary Anne Houx '
PAUL McINTOSH - '' .` `f Curt Josiassen
Chief Administrative Officer • , - Kim K. Yamaguchi
November 25, 2002 ' ` *- • '
Robert E. Koch, Risk Manager 4
City of'Chico. \tJ
i ♦ W
P.O.Box 3420, y ry
411 MainStreet
Chico, CA 95927 4 -�
Re: Agreement '
' Dear. Mr. Koch:
Enclosed please find a fully executed copy of the Agreement Between the City of Chico and Butte
County Abandoned Vehicle Abatement Service Authority.
` A copy of the agreement has also been forwarded to Yvonne Christopher,- Director of Development ;
Services; Sean Farrell, DCAO, and Fred Davis. -
;_•• •fes' 4 •'- • ••S' .. At. • ''•�••r . r-•• • • , .
r '.•Sincere
71
' L * sa Kling ,. 2002
Executive Secretary to the CAO ', I
NOV.�'2 7:
• I ` F�m� r
• .' _. _. BUiIECOLhl.Y _
` PLANNING DIVISION
enc.
' cc: NY�onne Christopher, Development Services Directory '
Sean Farrell; Deputy Administrative Officer
+ Fred Davis
* . r `
OCT 3 0 2002
OFFICE OF THE
CITY MANAGER
411 Main Street .
P.O. Box 3420
CITYoFCHICO
INC. 1872 Chico. CA 95927'
(530) 895-4800
FAX (530) 895-4825
ATSS 459-4800
L-AGR-11-18/Chrono October 28, 2002
Yvonne Christopher, Director
Department of Development Services
County of Butte
7 County Center Drive
Oroville, CA 95965
RE: Agreement Between the City of Chico and Butte County Abandoned Vehicle Abatement
Service Authority.
Dear Ms: Christopher:
Enclosed are two copies of the above referenced program administration Agreement which have
been signed on behalf of the City by City Manager Tom Lando.'
Please have the Chair of the Board of Supervisors sign these copies and return one fully executed
copy to me for the City's file.
Also, enclosed for your.file is a copy of City Council Resolution No. 4102-03 which authorizes
the City Manager to sign this Agreement.
If you have questions or need additional information, please call me at 895-4820.
cerely,
Robert E. Koch
Risk Manager
c: ACM info
TF: 11-12-02
Fred Davis (fax)
0
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g�� Made From Recycled Paper
°ML
AGREEMENT BETWEEN THE CITY OF CHICO_
AND
BUTTE COUNTY ABANDONED VEHICLE ABATEMENT
SERVICE AUTHORITY
INTRODUCTION
This agreement is made and entered into this 2-�fc, day of �OUr y3'`2 , 2002, by and
between the City of Chico (hereinafter referred to as "City") located at 411 Main Street, P.O.
Box 3420, Chico, CA 95927,.and the Butte County Abandoned Vehicle Abatement Service
Authority (hereinafter referred to as "Authority"), located at 7 County Center Drive, Oroville,
CA 95965.
WHEREAS, the Authority is established pursuant to Section 22710 of the Vehicle Code,
and
WHEREAS, the Authority is authorized to enter into agreements with the City of Chico
to provide for the appropriate administration of the vehicle abatement programa
NOW, THEREFORE, in consideration of the mutual promises, covenants, terms, and
conditions,hereinafter contained, the parties hereby agree as follows:
TERMS AND CONDITIONS
1. SCOPE OF WORK:
1.1. The City shall provide work and administration related to the vehicle abatement
program pursuant to Section 22710 of the Vehicle Code and the Butte County Abandoned
Vehicle Abatement Service Authority Program Plan.
1.2. Services and work provided by the City under this Agreement shall be performed
y
in a timely manner consistent with. all applicable federal, state, County and City laws,
ordinances, regulations, and resolutions.
2. TERM:
2.1. The term of this Agreement shall commence on January 1, 2003, and shall
terminate on thirty (30) days written notice by either party.
3. CONSIDERATION:
3.1. Funds received from the Abandoned Vehicle Abatement Program shall be
distributed as approved by the Authority's Board of Directors.
3.2. City shall maintain and submit to the Authority a quarterly status report
indicating the services and work provided pursuant to the terms of this Agreement on
forms provided by the Authority.
3.3. The Authority shall deduct from funds received from the Abandoned Vehicle
Abatement Program such funds as are necessary to pay for the costs of audits, staff and
administration of the Authority. Audit, staff and administrative costs will be reviewed
annually by the Authority's Board of Directors and may be adjusted as necessary. Such
adjustments shall be approved by the Authority's Board of Directors.
3.4. Funds received from the Abandoned Vehicle Abatement Program shall be
disbursed quarterly as set forth in the Butte County Abandoned Vehicle Abatement
Service Authority's Program Plan.
3.5. If a member agency provides vehicle abatement services for another member
agency pursuant to a written agreement, the funds allocated for the agency receiving the
services shall be paid directly to the agency providing the services, unless the providing
2
d
agency is otherwise compensated for providing such services.
3.6. The Authority shall have no responsibility to pay any amount in excess of the
funds received from the Abandoned Vehicle Abatement Program fund.
4. OFFICE SPACE, SUPPLIES, EQUIPMENT, ETC.:
4.1. City shall provide its own office space, supplies, equipment, vehicles, reference
materials, and telephone services as necessary for City to provide the services identified
in this Agreement, provided however, that the cost may be a reimbursable expense if
approved by the Authority's Board of Directors and in accordance with reimbursement
policies approved by the Board.
5. CITY PROPERTY: -
5.1. Products of City's Work and Services. Any and all compositions, publications,
field notes, plans, designs, specifications, maps, formulas, processes, photographs, slides,
video tapes, computer programs, computer disks, computer tapes, memory chips,
soundtracks, audio recordings, films, audio-visual presentations, exhibits, reports, tests,
studies, inventions, patents, trademarks, copyrights, or intellectual properties of any kind
which are created, produced, assembled, compiled by, or are the result; product, or
manifestation of, City's services or work under this Agreement are, and at the termination
of this 'Agreement remain, the sole and exclusive property of the City.
6. WORKER'S COMPENSATION:
6.1. City shall provide worker's compensation insurance coverage, in the legally
required amount, for all City employees utilized in providing work and services. pursuant
to this Agreement. By executing this Agreement, City acknowledges its obligations and
3
responsibilities to its employees under the California Labor Code.
7. INSURANCE:
7.1. General Liability and Auto Liability. City shall maintain during the entire term of
this Agreement insurance or self-insurance in the amount of one million dollars
($1,000,000) which covers any negligent work and services performed by City under this
Agreement.
7.2. Cancellation. Said insurance or self insurance will not be terminated, modified, or
canceled without thirty (30) days written notice to the Authority.
8.- STATUS OF CITY:
8.1. All acts of City, its agents, officers, and employees, relating to the performance
of this Agreement, .are performed as an independent contractor and are not performed as
agents, officers, or employees of the Authority. Asan independent contractor:
8.1.1. City shall determine the method, details, and means of performing the work and
services to be provided under this Agreement.
8.1.2. City shall be responsible to the Authority only for the requirements and results
specified in this Agreement, and except as expressly provided in this Agreement,
shall not be subjected to the Authority's control with respect to the physical action
or activities of the City in fulfillment of this Agreement
9. INDEMNIFICATION:
9.1. 1 To the extent permitted by law, City shall indemnify, defend, and hold harmless
the Authority, its agents, officers and employees from and against all claims, damages,
losses, judgments, liabilities, expenses, and other costs, including litigation costs and
a
attorney's fees, arising out of, or resulting from, the active negligence or wrongful acts
of City, its officers, or employees.
9.2. To the extent permitted by law, the Authority shall indemnify, defend, and hold
harmless the City, its agents, officers, and employees from and against all claims,
damages, losses, judgments, liabilities, expenses, and other costs, including litigation
costs and attorney's fees, arising out of, or resulting from, the active negligence or
wrongful acts of the Authority, its officers, or employees.
10. RECORDS AND AUDIT:
10.1. . City shall prepare and maintain all records prepared in connection with the
services provided under the various provisions of this Agreement.
10.2. Any authorized representative of the Authority shall have access to any books,
documents, papers, records, including, but not limited to, financial records of City,
which the Authority determines to be pertinent to this Agreement, for the purposes of
making audit, evaluation, examination, excerpts, and transcripts. Further; the Authority
has the right, at all reasonable times, to audit, inspect, or otherwise evaluate the work
performed or being performed under this. Agreement.
11. NONDISCRIMINATION:
11.1. During the performance of this Agreement, City, its agents, officers, and
employees shall not discriminate in violation of any federal, state, or local law, against
any employee or applicant for employment, or person receiving services under this
Agreement, because of race, religion, color, national origin, ancestry, physical handicap,
medical condition, marital status, age, or sex.
5
12. TERMINATION:
12.1. This agreement may be terminated by either party without cause, for any reason,
upon thirty (30) days prior written notice of such intent to cancel.
13. SEVERABILITY:
13.1. If any portion of this Agreement or application thereof to any person or
circumstances shall be declared invalid by a court of competent jurisdiction, or if it is
found in contravention of any federal, state, County or City statute, ordinance, or
regulation, the remaining provisions of this Agreement, or the application thereof, shall
not be invalidated thereby, and shall remain in full force and effect to the extent that the
provisions of this Agreement are severable.
14. AMENDMENT:
14.1. This Agreement may be modified, amended, changed, added to, or subtracted
from, by the mutual consent of the parties hereto, if such amendment or change is in
written form and executed with the same formalities as this Agreement, and attached to
the original Agreement to maintain continuity.
15. NOTICE:
15.1. Any notice, communication, aniendnzents, additions, or deletions to this
Agreement, including any change of address of either party during the term of this
Agreement, which the Authority or the City shall be required, or may desire, to make,
shall be in writing and may be personally served, or sent by prepaid first class mail to,
the respective parties as follows:
6
City: City Manager
P.O. Box 3420
Chico, CA -95927-3420
Authority: Butte County AVA.Service Authority
c/o Development Services Department
7 County Center Drive
Oroville, CA 95965 ,
16. ENTIRE AGREEMENT:
16.1. This Agreement contains the entire agreement of the parties, and no
representations, inducements, promises, or agreements otherwise between the parties not
embodied herein or incorporated herein by reference, shall be of any force or effect.
Further, no term or provision hereof may be changed, waived, discharged, or terminated,
unless the same be in writing executed by the parties hereto.
IN WITNESS THEREOF, THE PARTIES HERETO HAVE SET THEIR HANDS
THIS o2JY,4,DAY OF doL/C, � F2 2002:
CITY OF CHICO: SERVICE AUTHORITY:
. By:
APPROVED AS TO FORM:
(A'
David R. Frank, City Attorney
By: Alicia M. Rock
Assistant City Attorney
7
By:
,l.
Chairperson, Board of Directors
Butte County Abandoned
Vehicle Abatement Service
Authority
**Authorized pursuant to City of Chico City
Council Resolution No. 41 02-03, adopted
October 1, 2002.
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2811
RESOLUTION NO. 41 02-03
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO
AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROGRAM
ADMINISTRATION AGREEMENT WITH THE BUTTE COUNTY
ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY
WHEREAS, by adoption of Resolution No. 34 02-03, the Council authorized the City's
participation in a Service Authority for an abandoned vehicle abatement program in the County of
Butte pursuant to Sections 9259.7 and 22710 of the California Vehicle Code; and
WHEREAS, at the time of such adoption, it was recognized that future actions would be
required to implement the Service Authority and the abatement program, including, but not limited
to, the execution of an agreement for the administration of the program and the disbursement of
program funds
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Chico as follows:
SECTION 1. The City Manager is hereby authorized to execute the program administration
agreement with the Butte County Abandoned Vehicle Abatement Service Authority, upon approval
by the City Manager of the content of such agreement.
THE FOREGOING RESOLUTION WAS ADOPTED at a meeting of the Council of the
City of Chico held on October 1 , 2002, by the following vote:
AYES: Bertagna, Jarvis, Kirk, Nguyen -Tan, Wahl, Herbert
NOES: Keene
ABSENT: None
ABSTAIN: None
DISQUALIFIED: None
ATTE
2 7
Deborah R. Presson
City Clerk
CM 9/24/02
.S:IRM UrxslAhun✓VehAhurr.!lrsnl.A✓miuAgr. fix/
APPROVED AS TO FORM:
David R. Frank, City Attorney
By: Alicia M. Rock
Assistant City Attorney
Butte. County Department of Development Services
YVONNE CHRISTOPHER, DIRECTOR
7 County Center Drive
Oroville, CA 95965
(530) 538-7601 Telephone
(530) 538-7785 Facsimile
ADMINISTRATION * BUILDING * GIS * PLANNING
Butte County Abandoned Vehicle Abatement Service Authority
Clerk, s Certification of Action
MEETING DATE: January 30, 2003
ITEM SUBJECT: Approval of Butte County Abandoned Vehicle Abatement Service Authority
Plan and Program
ITEM DESCRIPTION: Service Authority Board approval of the Butte County Abandoned Vehicle
Abatement Service Authority Plan, and authorization for County staff to
forward the Butte County Abandoned Vehicle Abatement Program to the State
of California for review was requested by the Butte County Counsel. The
term of the Plan and the Program is ten years.
BOARD ACTION TAKEN: APPROVED PLAN AND AUTHORIZED STAFF TO FORWARD THE
PROGRAM TO THE STATE OF CALIFORNIA FOR REVIEW
VOTE: Ayes: Alternate Koch (Chico), Zollner (Oroville), Alternate 'Farrell (Butte
County), McGreehan (Paradise)
Noes: None.
Absent: Alternate Hall (Gridley) and Theback (Biggs).
Not Voting: None.
Unanimously Carried.
CERTIFICATION: I hereby certify that the above action was taken by the Butte County
Abandoned Vehicle Abatement Authority on the date listed above. I further
attest that the above action has not been amended, superceded,,or nullified
since the Authority s approval.
Yv e is er, Secr t of the Butte County Abandoned Vehicle
Ahatement Ant nrity
Butte County Department, of Development Services SOT TF
YVONNE CHRISTOPHER, DIRECTOR .
: o 0
o 0
7 County Center Drive
o _ a .
• Oroville, CA 95965
o -' ' o
(530) 538.7601 Telephone
(530) 538.7785. Facsimile
ADMINISTRATION * BUILDING * GIS * PLANNING
'Butte County
Abandoned Vehicle Abatement Service Authority'
Clerk,, s Certification of Action.
MEETING DATE:
September 26, 2002
ITEM SUBJECT:
Approval of Butte County. Abandoned Vehicle Abatement Service Authority
Plan and Program
' ITEM DESCRIPTION: _ '
Service Authority Board approval of the Butte. County Abandoned Vehicle ' `
` > Abatement Service Authority Plan; and, authorization for,County staff to
forward the Butte County Abandoned Vehicle Abatement Program to the State
r
of California for review was requested by the Butte County Counsel. The
term of the Plan and the Program is ten4ears.
BOARD ACTION TAKEN:_ . APPROVED • PLAN AND AUTHORIZED"STAFF TO FORWARD THE
PROGRAM TO THE STATE OF CALIFORNIA FOR REVIEW
VOTE:
Ayes: Directors. Alternate. Hall (Gridley), Zollner (Oroville), McGrehan
(Paradise), Alternate Koch (Chico), Alternate Farrell (Butte County)
Noes: Norte
Absent: Theback (Biggs)
Not Voting: None
'Unanimously Carried.
CERTIFICATION:
I hereby certify that the above action was taken by the Butte County
Abandoned Vehicle Abatement Authority, on the date listed- above. I further
attest that the above action has not been amended, superceded, or nullified _
since the Authority' s approval. _
Yv nne Chn opher, c etary of the Butte oun Abandoned Vehicle
A atement Authority
OFFICE OF THE
CITY MANAGER
`
Yvonne Christopher, Director
Department of Development Services
County of Butte
7, County Center Drive
Oroville, CA 95965
OCT 3 0 2002
October 28, 2002
RE: Agreement Between the City of Chico and Butte County Abandoned Vehicle Abatement
Service Authority.
Dear Ms. Christopher:
Enclosed are two copies of the above referenced program administration Agreement which have
been signed on behalf of the City by City Manager Tom Lando. .
Please have the Chair of the Board of Supervisors sign these copies and return one fully executed
copy to me for the City's file.
Also, enclosed for your file is a copy of City Council Resolution No. 4102-03 which authorizes
the City Manager to sign this Agreement.
If you have questions or need additional information, please call me at 895-4820.
cerely,
Robert E. Koch
Risk Manager
c: ACM info
TF: 11-12-02
Fred Davis (fax)
g�� Made From Recycled Paper
411 Main Street
P.O. Box 3420
CITYor CHICO
Chico, CA 95927
INC.C
(530) 895-4800.
FAX (530) 895-4825
ATSS 459-4800
L-AGR-11-18/Chrono
Yvonne Christopher, Director
Department of Development Services
County of Butte
7, County Center Drive
Oroville, CA 95965
OCT 3 0 2002
October 28, 2002
RE: Agreement Between the City of Chico and Butte County Abandoned Vehicle Abatement
Service Authority.
Dear Ms. Christopher:
Enclosed are two copies of the above referenced program administration Agreement which have
been signed on behalf of the City by City Manager Tom Lando. .
Please have the Chair of the Board of Supervisors sign these copies and return one fully executed
copy to me for the City's file.
Also, enclosed for your file is a copy of City Council Resolution No. 4102-03 which authorizes
the City Manager to sign this Agreement.
If you have questions or need additional information, please call me at 895-4820.
cerely,
Robert E. Koch
Risk Manager
c: ACM info
TF: 11-12-02
Fred Davis (fax)
g�� Made From Recycled Paper
AGREEMENT BETWEEN THE CITY OF CHICO
AND
BUTTE COUNTY ABANDONED VEHICLE ABATEMENT
SERVICE AUTHORITY
INTRODUCTION
This agreement is made and entered into this day of , 2002, by and
between the City of Chico (hereinafter referred to as "City") located at 411 Main Street, P.O.
Box 3420, Chico, CA 95927,.and the Butte County Abandoned Vehicle Abatement Service
r _
Authority (hereinafter referred to as "Authority"), located at 7 County Center Drive, Oroville,
CA 95965.
WHEREAS, the Authority is established pursuant to Section 22710 of the Vehicle Code,
and ,
WHEREAS, the Authority is authorized to enter into agreements with the City of Chico
to provide' for the appropriate administration of the vehicle abatement program.
NOW, THEREFORE, in consideration of the mutual promises, covenants, terms, and
conditions hereinafter contained, the parties hereby agree as follows:
TERMS'AND CONDITIONS
1. SCOPE OF WORK:
1.1. The City shall provide work and administration related to the vehicle abatement
program pursuant to Section 2271.0 of the Vehicle Code and the Butte County Abandoned
Vehicle Abatement Service Authority Program Plan.
1.2. Services and work provided by the City under this Agreement shall be performed t
4
in a timely manner consistent with all applicable federal, state, County and City laws,
ordinances, regulations, and resolutions.
2. TERM:
2.1. The term of this Agreement shall commence on January 1, 2003, and shall
terminate on thirty (30) days written notice by either party.
3. CONSIDERATION:
3.1. Funds received from the Abandoned'Vehicle Abatement Program shall be
distributed as approved by the Authority's Board of Directors.
3.2. City shall maintain and submit to the Authority a quarterly status report
indicating the services and work provided pursuant to the terms of this Agreement on
forms provided by the Authority.
3.3. The Authority shall deduct from funds received from the Abandoned Vehicle
Abatement Program such funds as are necessary to pay for the costs of audits, staff and
administration of the Authority. Audit, staff and administrative costs will be reviewed
annually by the Authority's Board of Directors and may be adjusted as necessary. Such
adjustments shall be approved by the Authority's Board of Directors.
3.4. Funds received. from the Abandoned Vehicle Abatement Program shall be
disbursed quarterly as set forth in the Butte County Abandoned Vehicle Abatement
Service Authority's Program Plan.
3.5. If a member agency provides vehicle abatement services for another member
agency pursuant to a written agreement, the funds allocated for the agency receiving the
services shall be paid directly to the agency providing the services, unless the providing
2
agency is otherwise compensated for providing such services.
3.6. The Authority shall have no responsibility to pay any amount in excess of.the
funds received from the Abandoned Vehicle Abatement Program fund.
4. OFFICE SPACE, SUPPLIES, EQUIPMENT, ETC.:
4.1. City shall provide its own office space, supplies, equipment, vehicles, reference
r
materials, and telephone services as necessary for City to provide the services identified
in this Agreement, provided however, that the cost maybe a reimbursable expense if
approved by the Authority's Board of Directors and in accordance with reimbursement
policies approved by the Board..
5. CITY PROPERTY:
5
5.1. Products of City's Work and Services: Any and all compositions, publications,
field notes, plans, designs, specifications, maps, formulas, processes, photographs, slides,
i videotapes, computer programs, computer disks, computer tapes, memory chips,
soundtracks, audio recordings, films, audio-visual presentations, exhibits, reports, tests, .
studies, inventions, patents, trademarks, copyrights, or intellectual properties of any kind
which are created, produced, assembled, compiled by, or are the result, product; or
.r
manifestation of, City's services or work under this Agreement are, and at the termination
of this Agreement remain, the sole and exclusive property of the City.
6. WORKER'S COMPENSATION:
6.1. City shall provide worker's compensation insurance coverage, in the legally
required amount, for all City employees utilized in providing work and services pursuant
to this Agreement. By executing this Agreement, City acknowledges its obligations and
responsibilities to its employees under the California Labor Code.
7. INSURANCE:
7.1. General Liability and Auto Liability. City shall maintain during the entire term of
this Agreement insurance or self-insurance in the amount of one million dollars
($1,000,000) which covers any negligent work and services performed by City under this
Agreement.
7.2. Cancellation.. Said insurance or self insurance will not be terminated, modified, or
canceled without thirty (30) days written notice to the Authority.
8. STATUS OF CITY:
8.1. All acts of City, its agents, officers, and employees, relating to the performance
of this Agreement, are performed as an independent contractor and are not performed as
agents, officers, or employees of the Authority. As an independent contractor:
8.1.1. City shall determine the method, details, and means of performing the work and
services to be provided under this Agreement.
.8.1.2. City shall be responsible to the Authority only for the requirements and results
specified in. this Agreement, ai..id except as expressly provided in this Agreement,
shall not be subjected to the Authority's control with respect to the physical action
or activities of the City in fulfillment of this. Agreement
9. INDEMNIFICATION:
9.1. To the extent permitted by law, City shall indemnify, defend, and hold harmless
the Authority, its agents, officers and employees from and against all claims, damages,
losses, judgments, liabilities, expenses, and other costs, including litigation costs and
3
attorney's fees, arising out of, or resulting from, the active negligence or wrongful acts
of City, its officers, or employees.
9.2. To the extent permitted by law, the Authority shall indemnify, defend, and hold
harmless the City, its agents, officers, and employees from and against all claims,
damages, losses, judgments, liabilities, expenses, and other costs, including. litigation
costs and attorney's fees, arising out of, or resulting from, the active negligence or
wrongful acts of the Authority, its officers, or employees..'
10. RECORDS AND AUDIT:
10.1. City shall prepare and maintain all records prepared in connection with the
services provided under the various provisions of this. Agreement.
10.2.1 Any authorized representative of the Authority shall have access to any books,
documents, papers, records, including, but not limited to, financial records of City.-
which
ity;which the Authority determines to be pertinent to this Agreement, for the purposes of
making audit, evaluation, examination; excerpts, and transcripts. Further, the Authority
has the right, at all reasonable times; to audit, inspect, or otherwise evaluate the work
performed or being performed'under this Agreement.
11. NONDISCRIMINATION:
11.1. During the performance of this Agreement, City, its agents, officers, and
employees shall not discriminate in violation of any federal, state, or local law, against
any employee or applicant for employment, or person receiving services under this
Agreement, because of race, religion, color, national origin, ancestry, physical handicap,
medical condition, marital status, age, or sex.
12. TERMINATION:
12.1. 'This agreement may be terminated by either party:without cause, for any reason,
upon thirty (30) days prior written notice of such intent to cancel.
13. SEVERABILITY:
13.1. If any portion of this Agreement or application thereof to any person or ,
circumstances shall be declared invalid,by a court of competent jurisdiction, or if it is
found in contravention of any federal, state, County or City statute, ordinance, or
regulation, the remaining provisions of this Agreement, or the application thereof, shall
not be invalidated thereby, and shall remain in full force and effect to the extent that the
provisions of this Agreement are severable.
14. AMENDMENT:
14.1. This Agreement may be modified, amended, changed, added to, or subtracted
from, by the mutual consent of the parties hereto,' if such amendment or change is in
written form and executed with the same formalities as this Agreement, and attached to
the original Agreement to maintain continuity.
15. NOTICE: -
15.1.. Any notice, com.n..i.unication, aniend.n-.ielts, additions, or deletions to this
Agreement, including any change of address of either party during the term of this
Agreement, which the Authority or the City shall be required, or may desire, to make,
shall be in writing and may be personally served,. or sent by prepaid first class mail to,.
the respective parties as follows:
City: City Manager
P.O. Box 3420
Chico, CA 95927-3420
Authority: Butte County AVA Service Authority
c/o Development Services Department
7 Courity Center Drive
Orovil.le, CA 95965
16. ENTIRE. AGREEMENT:
16.1. This Agreement contains the entire agreement of the parties, and no
representations, inducements, promises, or agreements otherwise between the parties not
embodied herein or incorporated herein by reference, shall be of any force or effect.
Further, no term or provision hereof may be changed, waived, discharged, or terminated,
unless the same be in writing executed by the parties hereto.
IN WITNESS THEREOF, THE PARTIES HERETO HAVE SET THEIR HANDS
THIS DAY OF 2002.
CITY OF CHICO: SERVICE AUTHORITY:
APPROVED AS TO FORM:
(A' P, t IV -!If -127zv_&�L
David R. Frank, City ttorney
By: Alicia M. Rock
Assistant City Attorney
7
By:
Chairperson, Board of Directors
Butte County Abandoned
Vehicle Abatement Service
Authority
* *Authorized pursuant to' City of Chico City
Council Resolution No. 41 02-03, adopted
October 1, 2002.
AGREEMENT BETWEEN THE CITY OF CHICO
AND
BUTTE COUNTY ABANDONED VEHICLE ABATEMENT
SERVICE AUTHORITY
INTRODUCTION
This agreement is made and entered into this day of , 2002, by and
between the City of Chico (hereinafter referred to as "City") located at 411 Main Street, P.O.
Box 3420, Chico, CA 95927, and the Butte County Abandoned Vehicle Abatement Service
Authority (hereinafter referred to as "Authority"), located at 7 County Center Drive, Oroville,
CA 95965.
WHEREAS, the Authority is established pursuant to Section 22710 of the Vehicle Code,
and
WHEREAS, the Authority is authorized to enter into agreements with the City of Chico
to provide for the appropriate administration of the vehicle abatement program.
NOW, THEREFORE, in consideration of the mutual promises, covenants, terms, and
conditions hereinafter contained, the parties hereby agree as follows:
TERMS AND CONDITIONS
1. SCOPE OF WORK:
l .
1. The City shall provide work and administration related to the vehicle abatement
program pursuant to Section 22710 of the Vehicle Code and the Butte County Abandoned
Vehicle Abatement Service Authority Program Plan.
1.2. Services and work provided by the City under this Agreement shall be performed.
1
in a timely manner consistent with all applicable federal, state, County and City laws,
ordinances, regulations, and resolutions.
2. TERM:
2.1. The term of this Agreement shall commence on January 1, 2003, and shall
terminate on thirty (30) days written notice by either party.
3. CONSIDERATION:
3.1. Funds received from the Abandoned Vehicle Abatement Program shall be
distributed as approved by the Authority's Board of Directors.
3.2. City shall maintain and submit to the Authority a quarterly status report
indicating the services and work provided pursuant to the terms of this Agreement on
forms provided by the Authority.
3.3. . The Authority shall deduct from funds received from the Abandoned Vehicle
Abatement Program such funds as are necessary to pay for the costs of audits, staff and
administration of the Authority. Audit, staff and administrative costs will be reviewed
annually by the Authority's Board of Directors and may be adjusted as necessary. Such
adjustments shall be approved by the.Authority's Board of Directors.
3.4. Funds received from the Abandoned Vehicle Abatement Program shall be
disbursed quarterly as set forth in the Butte County Abandoned Vehicle Abatement
Service Authority's Program Plan.
3.5. If a member agency provides vehicle abatement services for another member
agency pursuant to a written agreement, the funds allocated for the agency receiving the
services shall be paid directly to the agency providing the services, unless the providing
2
agency is otherwise compensated for providing such services.
3.6. The Authority shall have no responsibility to pay any amount in excess of the
funds received from the Abandoned Vehicle Abatement Program fund.
4. OFFICE SPACE, SUPPLIES, EQUIPMENT, ETC.:
4.1. City shall provide its own office space, supplies, equipment, vehicles, reference
materials, and telephone services as necessary for City to provide the services identified
in this Agreement, provided however, that the cost may be a reimbursable expense if
approved by the Authority's Board of Directors and in accordance with reimbursement
policies approved by the Board.
5. CITY PROPERTY:
5.1 Products of City's Work and Services. Any and all compositions, publications,
field notes, plans, designs, specifications, maps, formulas, processes, photographs, slides,
video tapes, computer programs, computer disks, computer tapes, memory chips,
soundtracks, audio recordings, films, audio-visual presentations, exhibits, reports, tests,
studies, inventions, patents, trademarks, copyrights, or intellectual properties of any kind
which are created, produced, assembled, compiled by, or are the result; product, or
manifestation of, City's services or work under this Agreement are, and at the termination
of this Agreement remain, the sole and exclusive property of the City.
6. WORKER'S COMPENSATION:
6.1. City shall provide worker's compensation insurance coverage, in the legally
required amount, for all City employees utilized in providing work and services pursuant
to this Agreement. By executing this Agreement, City acknowledges its obligations and
3
responsibilities to its employees under the California Labor Code.
7. INSURANCE:
7.1. . General Liability and Auto Liability. City shall maintain during the entire term of
this Agreement insurance or self-insurance in the amount of one million dollars
($1,000,000) which covers any negligent work and services performed by City under this
Agreement.
7.2. Cancellation. Said insurance or self insurance will not be terminated, modified, or
canceled without thirty (30) days written notice to the Authority.
8. STATUS OF CITY:
8.1. All acts of City, its agents, officers, and employees, relating to the performance
of this Agreement,.are performed as an independent contractor and are not performed as
agents, officers, or employees of the Authority. As an independent contractor:
8.1.1. City shall determine the method, details, and means of performing the work and
services to be provided. under this Agreement.
8.1.2. City shall be responsible to the Authority only for the requirements and'results
specified in this Agreement, and except as expressly provided in this.Agreement,
shall not be subjected to the Authority's control with respect to the physical action
or activities of the City in fulfillment of this Agreement
9. INDEMNIFICATION:
9.1. To the extent permitted by law, City shall indemnify, defend, and hold harmless
the Authority, its agents, officers and employees from and against all claims, damages,
losses, judgments, liabilities, expenses, and other costs, including litigation costs and
rd
attorney's fees, arising out of, or resulting from, the active negligence or wrongful acts
of City, its officers, or employees.
9.2. To the extent permitted by law,. the Authority shall indemnify, defend, and hold
harmless the City, its agents, officers, and employees from and against all claims,
damages, losses, judgments, liabilities, expenses, and other costs, including litigation
costs and attorney's fees, arising.out of, or resulting from, the active negligence or
wrongful acts of the Authority, its officers, or employees.
10. RECORDS AND AUDIT:
10.1. City shall prepare and maintain all records prepared in connection with the
services provided under the various provisions of this Agreement.
10.2. Any' authorized representative of the Authority shall have access to any books,
documents, papers, records, including, but not limited to, financial records of City,
which the Authority. determines to be pertinent to this Agreement, for the purposes of
making audit, evaluation, examination, excerpts, and transcripts. Further, the Authority
has the right, at all reasonable times, to audit, inspect, or otherwise evaluate the work
performed or being performed under this Agreement.
11. NONDISCRIMINATION:
11.1. During the performance of this Agreement, City, its agents, officers, and
employees shall not discriminate in violation of any federal, state, or local law, against
any employee or applicant for employment, or person receiving services under this
Agreement, because of race, religion, color, national origin, ancestry, physical handicap,
medical condition, marital status, age, or sex.
5
12. TERMINATION:
12.1. This agreement may be terminated by either party without cause, for any reason,
upon thirty (30) days prior written notice of such intent to cancel.
13. SEVERABILITY:
13.1. If any portion of this Agreement or application thereof to any person or
circumstances shall be declared invalid by a court of competent jurisdiction, or if it is
found in contravention of any federal; state, County or City statute, ordinance, or.
regulation, the remaining provisions of this Agreement, or the application thereof, shall
not be invalidated thereby, and shall remain in full force and effect to the extent that the
provisions of this Agreement are severable.
14. AMENDMENT:
14.1. This Agreement may be modified, amended,.changed, added to, or subtracted
from, by the mutual consent of the parties hereto, if such amendment or change is in
written form and executed with the same formalities as this Agreement, and attached to
the original Agreement to maintain continuity.
15. NOTICE:
15.1. Any notice, communication. amendments, additions, or deletions to this
Agreement, including any change of address of either party during the term of this
Agreement, which the'Authority or the City shall be required, or may desire, to make,
shall be in writing and may be personally served, or sent by prepaid first class mail to,
the respective parties as follows:
N
City: City Manager
P.O. Box 3420
Chico, CA 95927-3420
Authority: Butte County AVA Service Authority
c/o Development Services Department
7 County Center Drive
Oroville, CA 95965
16. ENTIRE AGREEMENT:'.
16.1. This Agreement contains the entire agreement of the parties, and no
representations, inducements, promises, or agreements otherwise between the parties not
embodied herein or incorporated herein by reference, shall be of any force or effect.
Further, no term or.provision hereof may be changed, waived, discharged, or terminated,
unless the same be in writing executed by the parties hereto.
IN WITNESS THEREOF, THE PARTIES HERETO HAVE SET THEIR HANDS
THIS DAY OF 2002.
CITY OF CHICO: SERVICE AUTHORITY:
By: By:
Thomas J. Lan o, City Manager" * Chairperson, Board of Directors
Butte County Abandoned
Vehicle Abatement Service
Authority
APPROVED AS TO FORM:
(A' � 10 0-�4 -,a 7A- d --
David R. Frank, City ttorney
By: Alicia M. Rock
Assistant City Attorney
**Authorized pursuant to City of Chico City
Council Resolution No. -141 02-03, adopted
October 1, 2002.
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27111
2811
RESOLUTION NO. 41 02-03
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO
AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROGRAM
ADMINISTRATION AGREEMENT WITH THE BUTTE COUNTY
ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY
WHEREAS, by adoption of Resolution No. 34 02-03, the Council authorized the City's
participation in a Service Authority for an abandoned vehicle abatement program in the County of
Butte pursuant to Sections 9259.7 and 22710 of the California Vehicle Code; and
WHEREAS, at the time of such adoption, it was recognized that future actions would be
required to implement the Service Authority and the abatement program, including, but not limited
to, the execution of an agreement for the administration of the program and the disbursement of
program funds.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Chico as follows:
SECTION 1. The City Manager is hereby authorized to execute the program administration
agreement with the Butte County Abandoned Vehicle Abatement Service Authority, upon approval
by the City Manager of the content of such agreement.
THE FOREGOING RESOLUTION WAS ADOPTED at a meeting of the Council of the
City of Chico held on Octdber 1 , 2002, by the following vote:
AYES: Bertagna, Jarvis, Kirk, Nguyen -Tan, Wahl, Herbert
NOES: Keene
ABSENT: None
ABSTAIN: None
DISQUALIFIED: None
ATTE
De or R. Presson
City Clerk
CM 9/24/02
B:IRMUucslAhm,JVehAhair.lfr.,oLA✓mii,Ag,t N/x/
APPROVED AS TO FORM:
David R. Frank, City Attorney
By: Alicia M. Rock
Assistant City Attorney
AGREEMENT BETWEEN. THE COUNTY OF BUTTE :
T AND
•BUTTE' COUNTY ABANDONED VEHICLE ABATEMENT
SERVICE AUTHORITY ,
INTRODUCTION
This agreement is made and entered into this day, of , 2002, by and
between the County of Butte (hereinafter referred to as "County") located at 25 County Center
Drive, Oroville; CA 95965, and the Butte`County"Abandoned Vehicle Abatement Service
Authority (hereinafter referred to as "Authority"), located at 7 County Center Drive, Oroville;
CA 95965. '
WHEREAS, the Authority is established pursuant to Section 22710 of the Vehicle Code,
and
,;WHEREAS, the Authority is, authorized to enter, into agreements with the County of P
Butte to provide for the appropriate administration of the vehicle abatement program.
r
NOW, THEREFORE, in consideration of the mutual -promises, covenants, terms, and
conditions hereinafter contained, the parties hereby agree as follows:
, 5
.TERMS AND CONDITIONS `
1. SCOPE OF WORK:
1.1. The County shall provide work and administration related.to the vehicle abatement
program pursuant to Section 227.10 of the Vehicle Code, of Butte. County. Code, Chapter
14, Article XII, and the Butte County Abandoned Vehicle Abatement Service Authority
Program Plan..
1.2. Services and work provided by the County under this Agreement shall be performed in a
timely manner consistent with, all applicable federal, state, and County laws, ordinances,
regulations, and resolutions.
2. TERM:
2.1.The term of this Agreement shall commence on January 1, 2003, and shall terminate on
thirty (30) days written notice by either party.
3. CONSIDERATION:
3.1. Funds received from the Abandoned Vehicle Abatement Program shall be distributed as
approved by the Authority's Board of Directors.
3.2. County shall maintain and submit to'the Authority a quarterly status report indicating the
services and work provided pursuant to the terms of this Agreement on forms provided
by the Authority.
3.3.The Authority shall deduct from funds received from the Abandoned Vehicle Abatement
Program such funds as are necessary to pay for the costs of audits, staff and
administration of the Authority. Audit, staff and administrative costs will be reviewed
annually,by the Authority's Board of Directors and may be adjusted as necessary. Such
adjustments shall be approved by the Authority's Board of Directors.
3A. Funds received from the Abandoned Vehicle Abatement Program shall be disbursed
quarterly as set forth in the Butte County Abandoned Vehicle Abatement Service
Authority's Program Plan.
3.5. If a member agency provides vehicle abatement services for another member agency
pursuant to a written agreement, the funds allocated for the ,agency receiving the services
2
shall be paid directly to the agency providing the services, unless•the,providing agency is
otherwise compensated for providing such services.
3.6. The Authority shall have no responsibility to pay any amount in excess of the funds
received from the Abandoned Vehicle Abatement Program fund.-
4. OFFICE SPACE, SUPPLIES, EQUIPMENT, ETC.:
4.1. County shall provide its own office space, supplies, equipment, vehicles, reference
materials, and telephone services as necessary for County to provide the services
identified in this Agreement, provided however, that the cost maybe a reimbursable
expense if approved by the Authority's Board of Directors and in accordance, with
reimbursement policies approved by the Board: .
5. COUNTY PROPERTY:
5.1. Products of County's Work and Services. Any and all compositions, publications, field
notes, plans, designs, specifications, maps; formulas, processes, photographs, slides,,
videotapes, computer programs, computer disks, computer tapes, memory, chips,
soundtracks, audio recordings, films, audio-visual presentations, exhibits, reports; tests,
studies, inventions, patents, trademarks, copyrights, or intellectual properties of any kind
which are created, produced, assembled, compiled by,,or are the result, product, or•
manifestation of, County's services or work under this Agreement are, and at the,
termination of this Agreement remain, the sole and exclusive property 'of the County. _
6. WORKER'S COMPENSATION:
6.1.County shall provide worker's compensation insurance coverage, in the'legally required
amount, for all County employees utilized in providing work and services pursuant to this
3
Agreement. By,executing this Agreement, County acknowledges its obligations and .
responsibilities to its. employees under.the California Labor Code.
7. INSURANCE:
7.1.General Liability and Auto Liability. County shall maintain during the entire term of this
Agreement self-insurance in the amount of one million dollars ($1,000,000) which covers
any negligent work and. services performed by County under this Agreement.
7.2. Cancellation. Said insurance will not be terminated, modified, or canceled without thirty,
(30) days written notice to the -Authority. _
8. STATUS OF COUNTY:
8.1. All acts of County, its agents, officers, and employees, relating to the performance of
this Agreement, are performed as an independent contractor and are not performed as
agents, officers, or employees of the Authority.. As an independent contractor:
8.1.1. County shall determine the method, details; and means of performing -the work
and services to be provided under this Agreement.
County shall be responsible to the Authority only' for the requirements and results
specified in this Agreement, and.except'as expressly provided in this Agreement; .
shall not be subjected to the Authority's control with respect to the physical action
or activities of the County in fulfillment of this Agreement.
9. INDEMNIFICATION:
9.2 To the extent permitted by law, County shall indemnify, defend, and hold harmless the
Authority, its agents, officers, and employees from and against all claims, .damages,
losses, judgments, liabilities,- expenses, and other costs, including litigation costs and
4.
attorney's fees, arising out of, or resulting from, the active negligence or wrongful acts of
County, its officers, or employees.
To the extent permitted by law, the Authority shall indemnify, defend, and hold harmless
the County, its. agents, officers, and employees from and against all claims, damages,
losses, judgments; liabilities, expenses, and other costs, including litigation costs and
attorney's fees, arising out of, or resulting from, the active negligence or wrongful acts of
the°Author ty, its officers, or employees.
10. RECORDS. AND AUDIT: :.
.10.1. County shall prepare and maintain all records prepared in connection with the services
provided under the_ various provisions of this Agreement.
10.2. Any authorized representative of the Authority shall have access to any books,
documents, papers, records, including, but not limited to, financial records of County,
which the Authority determines to be pertinent to this Agreement, for the purposes of
making audit, evaluation, examination, excerpts;. and transcripts. Further, the
Authority has the right, at all reasonable times, to audit,`inspect, or otherwise evaluate
the work.performed or being performed under this Agreement. .
11. NONDISCRIMINATION:
11.1. During the performance of this Agreement-, County, its agents, officers, and
employees shall not discriminate in violation of any federal, state, orlocal law,
against any employee or applicant for employment, or person receiving services
under this Agreement, because of race, religion, color, national origin, ancestry,
physical handicap, medical condition, marital status, age, or sex.
12. TERMINATION:
12.1. This Agreement may be terminated by either party without cause, for any reason,
upon thirty (30) days prior written notice of such intent to cancel.
13. SEVERABILITY:
13.1. If any portion of this Agreement or application thereof to any person or,
circumstances shall be declared invalid by a court of competent jurisdiction, or if it
is found in contravention of any federal, state, or County statute, ordinance, or
regulation, the remaining provisions of this Agreement, or the application thereof,
shall not be invalidated thereby, and shall remain in full force and effect to the
extent that the provisions of this Agreement are severable.
14. AMENDMENT:
14.1. This Agreement maybe modified, amended, changed, added to, or subtracted from,
by the mutual consent of the parties hereto, if such,amendment or change is in
written form. and executed with the same formalities as this Agreement, and attached
to the original Agreement to maintain continuity.
15. NOTICE:
15.1. Any notice, communication, amendments, additions, or deletions to this Agreement,
including any change of address of either party during the terms of this Agreement, .
which the Authority -or the County shall be required,, or. may desire, to make, shall be
in writing and may be personally served, or sent by prepaid first class mail to, the -
respective parties as follows: :
County: Butte County Chief. Administrative Officer
25 County Center Drive
Oroville, CA 95965
6
Authority: Butte County AVA Service Authority
C/o Development Services Department
7 County Center Drive
Oroville, CA 95965
16. ENTIRE AGREEMENT:
16.1. This Agreement contains the entire agreement of the parties, and no representations,
inducements, promises, or agreements otherwise between, the parties not -embodied
herein or incorporated herein by reference, shall be of any force or effect. Further,
no term or provision hereof may be changed, waived, discharged, or terminated,
unless the same be in writing executed by the parties hereto.
IN WITNESS THEREOF, THE PARTIES HERETO HAVE SET"THEIR HANDS THIS
DAY OF , 2002.
COUNTY OF BUTTE: SERVICE AUTHORITY:
By:
Curt Josiassen, Chairman
Board of Supervisors, County
Of Butte, State of California
ATTEST: Paul E.'Mclntosh
Clerk of the Board of Supervisors
Of the County of Butte,
State of California
By:
APPROVED AS TO FORM:
Bruce Alpert, County Counsel
By:
GAcontract\vehicle Agreement
7
By:
Chairman, Board of Directors
Butte County Abandoned
Vehicle Abatement Service
Authority
AGREEMENT BETWEEN THE CITY OF
AND k
• BUTTE COUNTY ABANDONED VEHICLE ABATEMENT
SERVICE AUTHORITY
INTRODUCTION . A
This agreement is made and entered into this day of . ` , 2002,
by °arid between the City of (hereinafter referred. to as "City") located at
and the Butte County Abandoned Vehicle
Abatement Service Authority (hereinafter referred to as "Authority"), located at 7 County
Center Drive,-Oroville, CA 95965.
WHEREAS, -the Authority is established pursuant to'Section 22710 of the Vehicle
,Code, and
WHEREAS, the Authority is authorized to enter into agreements with the City of
to provide for the appropriate administration of the vehicle abatement
program.
NOW, THEREFORE, inconsideration of the mutual promises, covenants, terms,
and conditions hereinafter contained, the parties hereby agree as follows:
TENNIS AND CONDITIONS
1. SCOPE OF WORK: ,
1.1. The City shall provide work and administrationxelated to the vehicle abatement'
r program pursuant to Section 22710 of the Vehicle Code and the Butte County
Abandoned Vehicle Abatement Service Authority Program Plan. ,
1..2. Services and work provided by the City"under this Agreement shall be
performed in a timely manner consistent with' all applicable federal, state, County
and City laws, ordinances, regulations, and resolutions.
2. TERM:
2.1.The term of this, Agreement shall commence on January 1; 2003, and shall terminate on
thirty (30) days written notice by either party.
3. CONSIDERATION:
3.1. Funds received from the Abandoned Vehicle Abatement Program shall be distributed as
approved by the Authority's Board of Directors.
3.2. City shall maintain and submit to the Authority a quarterly status report indicating the
services and work provided pursuant to the terms of this Agreement on forms provided
by the Authority.
3.3.The Authority shall deduct from funds received from the Abandoned Vehicle Abatement
Program such funds as are necessary to pay for the costs of audits, staff and
administration of the Authority. Audit, staff and administrative costs will be reviewed
annually by the Authority's Board of Directors and may be adjusted as necessary. Such
adjustments shall be approved by.the Authority's Board of Directors.
3A. Funds received from the Abandoned Vehicle Abatement Program shall be disbursed
quarterly as set forth in the Butte CountyAbandoned, Vehicle Abatement Service
Authority's Program Plan. "
3.5. If.a member -agency provides. vehicle abatement services for another member agency
pursuant to a written agreement, the hinds allocated for the agency receiving the "services
shall be paid directly to the agency providing the services, unless the providing agency is
otherwise compensated for providing such services.
3.6. The Authority shall have" no responsibility to pay any amount in" excess of the funds
received from the Abandoned Vehicle Abatement Program fund.
2
4. OFFICE SPACE, SUPPLIES, EQUIPMENT, ETC::
4.1. City shall provide itsown office space; supplies, equipment, vehicles, reference .
materials, and telephone services as necessary for City to provide the services identified
in this Agreement, provided however, that the cost"may be a reimbursable expense if
approved by the Authority's Board of Directors and,in accordance with reimbursement'
policies approved by the Board.
5. CITY PROPERTY:
5.1. Products of City's Work and Services. Any and all compositions, publications, field
notes, plans, designs, specifications, maps, formulas, processes, photographs, slides,
video tapes, computer programs, computer disks, computer tapes, memory chips,
soundtracks, audio recordings, films, audio-visual presentations, exhibits, reports, tests,
studies, inventions, patents, trademarks, copyrights, or. intellectual properties of any kind
which are created, produced, assembled, compiled by, or are the result, product, or
manifestation of, City's services or work under this Agreement are, and at the termination
of this Agreement remain, the sole and exclusive property of the City.
6. WORKER'S COMPENSATION:
6.1.City shall provide worker's compensation insurance coverage, in the legally required
amount, for all City employees utilized in providing work and services pursuant to this
Agreement. By executing this Agreement, City acknowledges its obligations and
responsibilities to its employees under the California Labor Code.
3
7. INSURANCE:
7.1.General Liability and Auto Liability. City shall maintain during the entire term of this
Agreement insurance or self-insurance in the amount of one million dollars ($1,000;000)
which covers any negligent work and services. performed by City under this Agreement.
T2. Cancellation. Said insurance.or self insurance will not be terminated, modified, or
canceled without thirty (30) days written notice to the Authority.
8. STATUS OF CITY:
8.1. All acts of City, its agents, officers, and employees, relating to the performance of this
Agreement, are performed as an independent contractor and.are not performed as agents,
officers, or employees of the Authority. As an independent contractor:
8.1.1. City shall determine the method, details, and means of performing the work and
services to be provided under this Agreement.
8.1.2. City shall be responsible to the Authority only for the requirements and results
specified in this Agreement, and except as expressly provided in this Agreement,
shall not be subjected to the Authority's control with respect to the physical action
or activities of the City in fulfillment of this Agreement.
9.' INDEMNIFICATION:
9.2 To the extent permitted by law, City shall indemnify, defend, and hold harmless the
Authority, its agents, officers, and employees from and against all claims, damages,
losses, judgments, liabilities, expenses; and other costs, including litigation costs and
attorney's fees, arising out of, or resulting from, the active negligence or wrongful acts, of
City, its officers, or employees.
4
To the extent permitted by law, the Authority.shall indemnify, defend, and hold harmless
the City, its agents, officers, and employees from and against all claims, damages, losses,
judgments, liabilities, expenses, and other costs, "including litigation.costs and attorney's
fees, arising out of, or resulting from, the active negligence or wrongful acts of the
Authority, its officers, or employees.
10. RECORDS AND AUDIT:
10.1. City shall prepare and maintain all records prepared in connection with the services
provided under the various provisions of this Agreement.
10.2. Any authorized representative of the Authority shalthave access to any books,
documents, papers, records, including, but not limited to, financial records of City,
which the Authority determines to be pertinent to this Agreement, for the purposes of
making audit, evaluation, examination, excerpts, and transcripts. Further, the
Authority has the right, at all reasonable times, to audit, inspect, or otherwise evaluate
the work performed, or being performed under this Agreement.
11. NONDISCRIM"INATION:
11.1. During the performance of this Agreement, City, its agents, officers, and employees
shall not discriminate in violation of any federal, state, or local law, against any
employee or applicant for employment, or person receiving services under this
Agreement, because of race, religion, color, national origin, ancestry, physical
handicap, medical condition, marital status, _age, or sex.
12. TERMINATION:
12.1. This Agreement may be terminated by either party without cause, for any reason,
WR
upon thirty (30) days priorwritten notice of such intent.to cancel.
13. SEVERABILITY:
13.1. If any portion of this Agreement or application thereof to any person or "
circumstances shall be 4eclared,invalid by a court of competent jurisdiction, or if it
is found in contravention of any federal, state, County or City statute, ordinance, or
regulation, the remaining provisions of this Agreement, or the application thereof,
shall not be invalidated thereby, and shall remain in full force and effect to the
extent that the provisions of this Agreement are severable.
14. AMENDMENT:
14.1. This Agreement may be modified, amended, changed, added to, or subtracted from,
by the mutual consent of the parties hereto, if such amendment or change is in
written form and executed with the same formalities as this Agreement, and attached
to the original Agreement to maintain continuity.
15. NOTICE:
15.1. Any notice, communication, amendments, additions, or deletions to this Agreement,
including any change of address of either party during the terms of this Agreement;
which the Authority or the City shall be required, or may desire, to make, shall be in
writing and may be personally served, or.sent by prepaid. first class mail to, the
respective parties as follows:
City:
Authority: Butte County AVA Service Authority
C/o Development Services Department
7 County Center Drive
Oroville, CA 95965
31
16. ENTIRE AGREEMENT:
16.1. This Agreement contains the entire agreement of the parties, and no representations,
inducements, promises, or'agreements otherwise between the parties not embodied
herein or incorporated hereinby reference, shall be of any force or effect. Further,
no term or -provision hereof may be changed, waived, discharged, or terminated,
unless the same be in writing executed by the parties hereto.
IN WITNESS THEREOF, THE PARTIES HERETO HAVE SET THEIR HANDS THIS
DAY OF 2002.
CITY OF SERVICE AUTHORITY:
By: By:
Mayor Chairman, Board of Directors
City Council, City Butte County Abandoned
Of State of California Vehicle Abatement Service
Authority
ATTEST:
City Clerk
Of the City of
State of California
By:
APPROVED AS TO FORM:
City Attorney
By:
G:\contract\vehicle Agreement -city
' 7
BUTTE COUNTY .
ABANDONED: VEHICLE ABATEMENT SERVICE AUTHORITY
BYLAWS
ARTICLE I - NAME
The name of this authority shall be 'the Butte County Abandoned Vehicle Abatement Service
Authority. It will be referred to elsewhere in these bylaws as the AService Authority@. The Board
of Directors of the Service Authority shall be known and referred to elsewhere in these bylaws as
the AService Authority Board@.
ARTICLE II - PURPOSE
The purpose of the Service Authority is to implement a Butte County Abandoned Vehicle Abatement
Program (hereinafter, the AProgram@) and serve as the administrative and legislative body in charge
of that Program.
ARTICLE III - RESPONSIBILITIES
The Service Authority Board shall approve a Program and submit it to the California Highway Patrol
for approval. _ Thereafter, the Service Authority Board meetings shall provide a forum for the
discussion of abandoned vehicle abatements conducted pursuant to the Program within Butte
County. The Service Authority Board shall apportion and disburse funds to each Service Authority
member in compliance with. Vehicle Code Section 22710. The Service Authority Board shall
periodically prepare and transmit Program recommendations to the legislative bodies of Service
Authority members. The Service. Authority Board shall also monitor compliance by Service
Authority members with State law requirements relevant to the Program; conduct and report the
results of any survey, study or analysis pertaining to the Program; manage the financial affairs of the
Service Authority and modify and/or approve reports to the State -of California.
ARTICLE IV - MEMBERSHIP. - BOARD OF DIRECTORS
Section 1 - Each member of the Service Authority shall appoint one director to the Service Authority
Board.
Section 2 - Each of the directors shall serve at the pleasure of the legislative body of the member
which appointed him or her.
Section 3 — If authorized by the legislative body, each director may, appoint an alternate director to
represent the regular director in board business, and to vote on all matters when the regular director
is not in attendance at. Board meetings. Provided, however, alternate directors shall not be eligible
to serve as an officer of the Service Authority. Alternate directors shall be designated in a signed
written instrument which shall be kept on file in the office of the Butte County Department of
Development Services. Alternate directors shall serve at the pleasure of the appointing director, and
any vacancy may be filled by appointment of the regular director.
Section 4 - A simple majority of directors or alternate directors with current appointments shall
constitute a quorum for meetings of the Service Authority Board.
Article V - OFFICERS.AND TERMS OF OFFICE
Section 1 - The officers of the Service Authority Board shall be a Chairperson and Vice -Chairperson,
to be elected by the Service Authority Board at its first meeting of each calendar year.
Section 2 - An officer shall assume office immediately upon election and until his or her term
expires.
Section 3 - The initial terms of the directors shall be two years for half of the members of the board
of directors and four years for the remaining members of the board of directors. The initial terms
shall be determined by lot at the first meeting. Thereafter, all terms shall be four years.
Section 4 - If the office of the Chairperson becomes vacant, the position shall be filled for the
unexpired term by the Vice -Chairperson who shall vacate the office of the Vice -Chairperson. If the
office Vice -Chairperson becomes vacant, the office shall be filled by a vote of the Service Authority
Board, and the Electee shall serve for the unexpired term. If both offices become vacant, both will
be filled for the unexpired term by a vote of the Service Authority Board.
Section 5 - The Chairperson shall preside at all regular and special meetings of the Service Authority
Board and shall appoint all committees.
Section 6 - Chairperson and Vice -Chairperson Absent. In the absence of the Chairperson and Vice -
Chairperson, any member of the Board of Directors may call the Service Authority to order, and a
Chairperson pro tem shall be elected from the members present.
Section 7 - Chairperson=s Responsibilities. The responsibilities of the Chairperson shall be as
follows:
a. Preside at all meetings of the Service Authority.
b. Call special meetings of the Service Authority.
c. Sign documents on behalf of the Service Authority.
d. Appoint all subcommittees and nominating committees of the Service Authority.
e.. Direct appropriate follow through on items raised that are not listed on the Service
Authority agendas and refer. procedural. matters to staff for action.
Section 8 - Vice -Chairperson=s Responsibilities. During the absence, disability or disqualification
of the Chairperson, the Vice -Chairperson shall exercise or perform all the duties and be subject to
all the responsibilities of the Chairperson.
Article VI -'MEETINGS
Section 1 - Regular meetings shall be held at least annually, or as necessary, as determined by the
Chairperson. The regular location of meetings may be the Conference .Room at 3-A County Center
Drive, or other suitable locations of adequate size. Special meetings may be called by the
Chairperson and shall be called by the Chairperson on petition of a majority of the Service Authority
Board. The .location of a special meeting shall be determined by the Chairperson or by the
petitioning majority of the Service Authority Board when the need of the meeting becomes known.
Section 2— Meetings shall be public and minutes shall be maintained of all meetings.
Section 3 - Meetings and the conduct of Service Authority Board members shall be governed by the
Ralph M. Brown Open Meeting Act, Government Code section 54950, et seq.
Section 4 - Agendas for regular meetings shall be distributed to Service Authority Board members
and posted for public,information no later than 72 hours prior to each regular meeting. Agendas for
special meetings shall be distributed to Board members and posted for public information no later
than 24 hours prior to each special meeting. A majority of the members of the Service Authority
Board constitute a quorum. No act of the Service Authority Board shall be valid unless a majority
of that quorum concur therein. Notwithstanding the above, whenever any act of the Service
Authority Board is required by statute to be approved by a majority of the members of the Service
Authority, including but not limited to the approval of or substantial revisions to the Abandoned
Vehicle Abatement Service Authority Program and/or Plan, such act is not valid unless approved by
a majority of the members of the Service Authority.
Section 5 - Items proposed for the Service Authority Board =s agenda shall be submitted to Butte
County Department of Development Services (DDS) Staff no later than 2 weeks prior to each
meeting.
Section 6 - Agendas shall be posted in a location that is freely accessible to members of the public
near the entrance to the facility where the meeting is to be held. Agendas shall also be sent to
individuals who ask to be placed on the Service Authority Board =s mailing list.
Section 7, - The Service Authority Board may only discuss and take action on items posted on the
agenda. Items or subjects not posted,on the agenda may be presented to the Service Authority Board,
but the Service Authority, Board may not discuss or act upon these items unless there is a
determination by at least two-thirds of the Service Authority Board that the need to take action on
the item arose after the agenda was posted, or that an emergency situation exists. If staff or a director
had knowledge that actions would be required by the Service Authority Board, and the knowledge
or need existed prior to the deadline for posting the agenda, the Service Authority Board shall not
take action, but the Chairperson may refer the item for further placement on the agenda for the next
regular meeting. The need for any late addition to the agenda shall be substantiated in writing and
presented to the Board at the time of the request for discussion and action.
Section 8 - The -Board shall encourage whenever possible, members of the public to attend Service
Authority Board meetings and to participate in the discussion of Agenda items. The Chairperson
shall request public input on each item listed on the agenda prior to the Service Authority Board
taking action on that item. Members of the public who desire to address the Service Authority Board
on items not posted on the agenda will be allowed to do so after the Service Authority Board has
finished discussing, and if necessary, taking action on items which were listed on the agenda.
Section,9 - Members of the Service Authority Board may not engage in intra -Board discussion of
items not listed on the agenda, but may briefly respond to statements made or questions posed. On
their own initiative or in response to questions posed, Service Authority Board members may ask
questions for clarification, provide a reference to staff or other resources for factual information, or
request staff to report back at a subsequent meeting.
3
ARTICLE VII - EXPENSES
Section 1 Members of the Service Authority Board are eligible for reimbursement of transportation
expenses at the rate per mile authorized to County Employees and Officials. In order to receive the
reimbursement, Service Authority Board Members must submit their claims to the Butte, County
DDS staff and show proof of valid insurance coverage, per current County standards.
Section 2 - Expenses not related to travel to and from regular or special meetings of the Service
Authority Board must be approved in advance by the Director of DDS.
Section 3 - Expense claims will be validated by Butte County DDS staff and forwarded to the Chief
Administrative Office for authorization to be charged against. the Butte County DDS Budget.
ARTICLE VIII - AMENDMENTS
Section 1 - These by-laws may be amended by a four-fifths vote of the Service Authority Board after
a proposal has been submitted in writing to the Chairperson, who shall notify each member of the
proposed amendment not less than five (5) days before the date of the meeting at which the
amendment will be voted upon.
ARTICLE IX - RULES OF ORDER
No specific rules of order are adopted. The Service Authority Board shall operate by consensus. If
consensus cannot be achieved, reference may be made to Roberts Rules of Order for assistance..in
resolution of procedural issues. In the alternative, the Service Authority may adopt specific rules of
procedure for its meetings by a four-fifths vote of the Service Authority Board.
Approved by the Butte County
Abandoned Vehicle Abatement
Service Authority Board
By:
Chairperson
ATTEST:
Yvonne Christopher, Director of
Development Services and.
Secretary to the Service, Authority Board
I�
g:document\AVA bylaws
. 4
CONTRACTUAL SERVICES AGREEMENT.
Between the Butte County Abandoned Vehicle Abatement Service Authority and
the County of Butte
PREAMBLE
WHEREAS, the Butte County Abandoned Vehicle Abatement Service Authority (hereinafter
referred to as "Authority") has been established pursuant to Section 22710 of the Vehicle Code, as
an independent agency, with the power to appoint and contract for staff and support services as
necessary to carry out their functions; and
WHEREAS, Section 22710 of the Vehicle Code requires that the Authority be staffed by
existing personnel of the city, county, or county transportation commission; and
WHEREAS, the County of Butte (hereinafter referred to as "County") is able to provide staff
services to the Authority with existing personnel from the Butte County Department of Development
Services and related support services provided by County departments; and
WHEREAS, the Authority is in need of a .chief of staff (hereinafter referred to as
ASecretary@) to provide administrative support to the Authority; and
WHEREAS,. the County is able to contract with a certified public accountant to perform an
annual audit.of the Authority in order to ensure that funds are being spent in compliance with
Sections 9250.7 and 22710 of the Vehicle Code;
NOW THEREFORE, Authority and County agree to the following terms and conditions
under which Authority will contract with the County to provide staff, auditing and support services:
ARTICLE 1
TERM
Term of Agreement. The term of this Agreement shall commence on January 1, 2003, and shall
terminate on thirty (30) days -written notice by either party.
ARTICLE 2
AUTHORITY OPERATION
Section 2.1 Staffing.
(1) The Butte County Director of Development Services shall serve as the Secretary to
the Authority;
(2) Staffing, hiring, and the duties of each staff member shall, be established at the sole
1
discretion, of the Butte County Director of Development Services. All actions and
determinations of the Butte County Director of Development Services and the County
of Butte pursuant to this Section shall be made and implemented in a manner consistent
with the personnel rules, practices and procedures. of -the County of Butte and all
applicable laws.
Section 2.2 Consideration.
(1) The Authority shall deduct from funds received from the Abandoned Vehicle
Abatement Program and transmit to the County such funds as are necessary to pay for the
costs of County to provide a certified public accountant to conduct an annual audit to
ensure that funds are being spent in compliance with Sections 9250.7 and 22710 of the
Vehicle Code.
(2) The Authority shall deduct from funds received from the Abandoned Vehicle
Abatement Program and transmit to the -County an amount equal to five percent (5%) of
the Authority=s total funds received to reimburse costs for staff and administrative
services provided to the Authority.
ARTICLE 3
OBLIGATIONS OF THE COUNTY
Section 3.1 Other Support Services. County agrees to provide support services as defined in
Appendix A.
Section 3.1 Service Cost Determination. Not later than April 15th prior to the beginning of a
fiscal year, the Secretary.shall notify Authority of the proposed estimated cost to provide service for
the next fiscal year.
ARTICLE 4
GENERAL PROVISIONS
Section 4.1 Construction. The parties understand and agree that, unless expressly stated herein,
nothing in this agreement is intended to bind the legislative discretion of either agency.
Section 4.2 Severability. Any provisions of this agreement which are proved to be invalid, void
or illegal shall in no way affect, impair or invalidate any other provision hereof, and such remaining
provisions shall remain in full force and effect.
Section 4.3 Notices. Any and all notices or other, communications required or permitted by this
agreement or by law to be served on or given to either party by the other party to this agreement shall
be in writing and shall be deemed duly served when personally delivered to the officer designated
2
below, or, in lieu of such personal service, when deposited in the United States mail, first-class
postage prepaid and addressed to the designated party and address listed below each party's'signature.
Section 4.4° Modifications. Any modification of this will be effective only.if it is in writing and
signed by the party to be charged. ;
Section 4.5 -Effect of Waiver. The failure of either party to insist, on strict compliance with any
of the terms, covenants, or conditions of this agreement by the other party shall not be deemed a
waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or
power at any one time or times be deemed a waiver or relinquishment of that right or power for all
or any other times.
Section 4.6 Entire Agreement. This instrument contains. the entire agreement between the
parties and shall supersede any previous agreements between the parties. Any oral representations -
or.modifications concerning this instrument shall be of no force and effect excepting a subsequent
modification in writing signed by the parties.. .
THE COUNTY OF BUTTE
DATED: , 2002
Chair, Board of Supervisors
Designated Off cer for Service of Notice: , Chief Administrative Officer
Address for. Service of Notice: Butte County Administration Bldg
25 County Center Dr.
Oroville, CA 95965
BUTTE COUNTY ABANDONED
VEHICLE. ABATEMENT SERVICE
AUTHORITY
DATED: ,. 2002
Chair or authorized signatory
• 3
Designated Officer for Service of Notice:
Address for Service of Notice:
Butte -County Director of Development
Services
7 County Center Drive
Oroville, CA 95965,
APPENDIX A
Support Services
In providing these contractual services for Authority, the County, will follow all appropriate
governmental standards and procedures. The departments identified in this agreement will provide
professional services to Authority on an Aas needed@ basis and in the same manner as provided to
County Departments. Costs for services provided by.support services departments and Internal
Services Funds will'not be charged to-Authority'in the same manner as County Departments. The
cost recovery for the annual audit, and the overhead charge equal to 5% of program funds, will be
the only charges for services provided by the County.
1. Support Services Departments include the Auditor -Controller, Treasurer, Personnel,
Purchasing, County Counsel, General Services and Administration.
2. Internal Service Funds include the Mail Room, 'Courier Service and Central Stores,
Information Systems, Communications (including -connection to County Centrex and voice mail),
Print Shop, Worker=s Compensation Insurance,. and General Insurance.
3. The County Auditor shall collect funds due to Authority, from the State of California as
authorized by Vehicle Code sections 9250.7 and 22710 and hold funds and transfer funds on behalf
of Authority and provide timely financial reporting to Authority of account transactions and
balances.
4. Authority shall have the right to use County meeting rooms for Authority Meetings, subject
to availability.
5. Authority shall have reasonable access to County files' and information as necessary for
Authority functions.-
gAcontract\ava staff and audit agreement
BUTTE COUNTY ABANDONED VEHICLE ABATEMENT AUTHORITY
MINUTES
3-A County Center Drive; Oroville
Thursday, Sept. 26, 2002 .
The meeting was called to order by Chief Deputy County Counsel, Rob MacKenzie at
1:10 P.M.
Roll Call: Biggs — absent'(Theback) (4 years)
. Gridley-- present (Hall) (4 years) -
Oroville — present (Zollner) (2 years)
•Paradise — present (McGreehan) 2 years)
Chico — present (Koch) (2 years) '
Butte County — present. (Farrell) (4 years)
County Counsel Rob MacKenzie conducted a drawing,(lot) to determine term lengths for
each member as noted•above, as per Article V, section 3 of the bylaws.
Rob asked for-a motion to elect Yvonne Christopher, Development Services Director,
Butte County, as the secretary in accordance with Article-2 (Authority Operation) section
2.1 (1) of the Contractual Services Agreement between the Authority and the County of
Butte. M-Zollner, 2nd — Hall — passed unanimous
Election of Officers:
Butte County — Chair
Paradise — Vice Chair ,
M-Koch; 2nd7Zollner
Discussion: ,Koch suggested alternate attendees should not act as chair or vice-chair in the
absence of appointed official. Themotion was amended to include. this restriction. Koch
distributed the amendment to'Article IV, section 3 which reflected this suggestion.
Passed unanimously (Paradise abstained from self vote)
Vice Chair McGreehan presided for the remainder of the meeting.
BYLAWS - Discussion and consideration
Koch asked that all references to "Chair" or "Vice Chair" be changed to "Chairpe`rson
and "Vice-Chairperson" throughout the documents being reviewed: It was agreed by all', .
that the documents would be revised.
Counsel MacKenzie recommended that the end of Section 4 of Article VI. of the bylaws
be amended to reflect that, while a concurrence of majority of a quorum is. ordinarily
sufficient to constitute an official act by the Authority, Vehicle Code Section 22710 ,
requires that approval.of and/or significant revisions to Authority's Program and Plan
must be approved by a majority of the members of the Authority. Counsel MacKenzie
volunteered to draft language for this revision, should the Board approve it
1 • .
Counsel MacKenzie conducted a discussion of when the reporting is required to CHP.
After reviewing the CHP handbook and Vehicle .Code section 22710 (d) 5, it was
determined it was annually.
The Bylaws were amended as attached in Exhibit 1.
M -Koch, 2"d _Hall to approve as amended
Passed -unanimously
Page 2 — minutes (9/26/02)
SERVICE AUTHORITY PLAN- Discussion and consideration
Discussion:
Koch — Why is section B -2(a) repeated in the Plan when it was documented in the
Bylaws? MacKenzie.— To be inclusive, as the individual agencies approve the JPA, the
board approves the plan. Only the plan is forwarded to CHP.
McGreehan — Can the plan be amended? MacKenzie -Yes
It was determined by Counsel MacKenzie that the word "tagged" used in the second
paragraph of section D was defined as "any vehicle identified with following
notification" (tagged, letter sent, etc.).
A lengthy discussion ensued as to how to establish the estimates required in section D.
It was determined that the estimates should be projected for the next ten years.
Sean Farrell, Butte County Asst. CAO, asked that there be clarification written into the
plan to show the figures were projected for ten years, not one. All agreed.
McGreehan — Do we take population vs. registered vehicles? If so, it wouldn't account
for vehicles that are registered to a city resident but get abandoned in the county. "
Gene McCarty, Town of Paradise suggested using a formula based on existing abandoned
vehicles, multiplied by ten years adjusting for future growth.
Michael Vieira, Building Official of Butte County has contacted some of the jurisdictions
and based on expected population protracted the following 10 year estimate of
abatements:
Chico - 4000
Gridley — 250
Oroville — 5000
Biggs - 200??
Paradise — 5000
Butte County —15,000
Section E: Counsel MacKenzie stated that all ordinances must be completed before the
plan is submitted to CHP. A discussion ensued as to who would make the final
determination on whether our plan would be accepted for 2003, since we are 2 months
late in submitting it to the, state. MacKenzie stated it would be the DMV Director.
Section G: Koch questioned the second sentence where the plan states that a contractual
agreement would be maintained with "A" licensed auto dismantler. As most jurisdictions
2
use a rotational schedule. It was suggested the wording be changed to "one or more". All
agreed. McGeehan asked if the arrangement HAD to be contractual. After a review of the
statutes and lengthy discussion it was determined it was not mandatory and the sentence
structure was amended to reflect the changes.
FRANK HALL (Gridley) excused himself from the meeting. An additional Gridley
alternate was not present. .
Section H: Koch suggested Item #1` should include actual costs of disposal or removal.
McCarty asked if recovery is mandatory. MacKenzie stated that the jurisdiction could use
the funds or get cost recovery from the owner. McCarty asked if we have to show efforts
(liens, etc.) for cost recovery. MacKenzie stated you can just get rid of the problem and
shared an example of using the affidavit to state it is not the owner's vehicle.
Section J: Koch asked if the $2500 is the agency or authority cost. MacKenzie stated;
agency. McGreehan suggested it might be something like a vehicle for code enforcement.
McGreehan asked where the $2500 figure came from. Farrell stated from the CHP
authority and handbook.
Farrell suggested we have a standing meeting in September every year. All agreed
M -Koch to approve plan as amended by consensus. 2nd -Farrell -passed unanimous. .
M-Zollner to have County forward plan to the State 2"d -Koch — passed unanimous
Review and consider approval of Contractual Services Agreement between Butte County
and the Authority. Revisions were suggested by Farrell to page 4.
M -Koch, 2"d — Zollner — Vice chairperson McGreehan.asked for a roll call vote.
Biggs — absent
Gridley - absent
Oroville — yes
Paradise — yes
Chico — yes
Butte Co = abstain
Motion passed
Agreement between the county and authority
Discussion of the quarterly report as required in section 3.2
Vieira stated the quarterly report justifies the quarterly payments made from the state.
Fund requests are reported annually, but funds are dispersed quarterly.
Farrell referenced section 1-J of the CHP handbook.
Zollner asked if population will control the payments. MacKenzie: No, the first year only.
We need to determine what apportionment formula should be used. This needs to be
0
determined by the first annual report. Population-, geography and actual abatements
determine final allotments.
M -Koch to approve and execute with the county 2nd- McGreehan
3—yes
Farrell — abstain
Agreement between City and Authority
Strike section 1.1 reference to the Butte County Code
Section 7.1 and 7.2 amend language
M-Zollner, 2nd - Koch
To amend sections as noted and give authority to county counsel to review and amend the
City agreements for editorial changes (not substantial) and allow chair to sign
agreements.
Passed unanimously
Koch noted that the City of Chico had not been signed as yet. They were scheduled to be
heard by the council on Oct. 1,'2002. He would forward the final documents to Yvonne
Christopher, secretary.
No further business
Adj ournment
CITIES AND COUNTY OF BUTTE
ABANDONED VEHICLE ABATEMENT
SERVICE AUTHORITY PLAN
A. -PURPOSE.
The purpose of this Plan is to establish operation of a Service Authority for the
abatement of abandoned vehicles in Butte County pursuant to Vehicle Code
section 22710. The Service Authority is to be known as the Butte County
Abandoned Vehicle Abatement Service Authority ("Authority").
The purpose of the Authority's Plan shall be the exercising of certain operations
as set forth below which will assure the citizens of the cites and County of Butte
that abandoned vehicle abatement activities are conducted in a manner most
consistent with the good of the general: public:
B. AUTHORITY ORGANIZATION.
1. Membership in, the Authority is -open to all cities and -the County adopting
resolutions providing for the establishment of the 'Authority within Butte
County and imposition of an additional one dollar ($1) collected on motor
vehicle registration fees.
2. The Authority is to be governed by'a Board of Directors. The Board of
Directors will be composed of representatives from each of the
membership cities and a County representative.
a. The initial terms of the directors shall be, for two years for half of
the members of the board and four years for the remaining
members. The initial terms shall be determined by lot at the, first
meeting. Thereafter, all terms shall be four years.
b. The Board of Directors shall be responsible for the administration
and management of the Authotity.Plan.
C. Monetary. distribution shall be with approval of all members of the
Authority. Funds will be distributed in accordance with Vehicle
Code § 22710 and any amendment thereto. Population figures used
in calculating the disbursement of funds shall be population figures
issued annually by the Department of Finance. These figures are
normally available in the 2"d quarter of the calendar year and any
adjustments in monetary allocations to members of the Authority
will be made in,the ls` quarter of the fiscal year.
d. Funds collected from non -participating cities -will be distributed by
the Authority to the participating members on a population
percentage formula.
e. Any change in method of distribution of funds will need a simple
majority of approval of the participating members of the Authority.
C. RESOLUTIONS.
Annex A contains copies of the resolutions providing for the establishment of the
Authority, the imposition of the $1.00 registration fee, and the approval of this
Plan, pursuant to Sections 22710(a): and 9250.7(a) of the Vehicle Code. Copies of
the resolutions are on file with the Service Authority, the California Highway
Patrol, and the State Controller's Office. The Authority is comprised of the
following cities:
JURISDICTION : POPULATION*
1. City of Biggs 1,797
2. City of Chico 66,767
3. City of Gridley 5,635
4. City of Oroville 13,034
5. City of Paradise 26,500
6. County Unincorporated 93,268
TOTAL COMBINED POPULATION 207,001
TOTAL COUNTY POPULATION 207,001
*Figures based on California Department of Finance figures as of May 10, 2002.
Annex B is the agreement for the establishment of the Butte County Abandoned
Vehicle Abatement Service Authority by the cities and County.
D.. ABANDONED VEHICLE ESTIMATES.
As required by Section 22710(d)(5) of the Vehicle Code, "No governmental
agency shall receive any funds from a service authority for the abatement of
abandoned vehicles pursuant to an approved abandoned vehicle abatement
program unless the governmental agency has submitted an annual report to the
service authority stating the manner in which the funds were expended, and the
number of.vehicles abated. The governmental agency shall receive that
percentage of the total funds collected by the service authority that is equal to its
share of the formula calculated pursuant to paragraph- (6)."
Based on the definition that an abandoned vehicle can be left on a highway,
public or private property; any vehicle tagged is a potential abandoned vehicle.
However, many vehicles that are not towed are moved by the owner. In Butte
2
County, over the life of the program (10 years) it is estimated that there will be a
potential of 29,450 vehicles, which will become abandoned vehicles.
JURISDICTION ESTIMATED NO. OF ABANDONED VEHICLES
1. City of Biggs' 200
.2. City of Chico 4000
3. City of Gridley 250
4. City of Oroville 5000
5. City of Paradise 5000
6. County Unincorporated 15000
TOTAL 29,450.-
E. ORDINANCES.
Each of the participating agencies have in place ordinances establishing,
procedures for the abatement, removal, and disposal, as public nuisances, of
abandoned, wrecked, dismantled, or'inoperative vehicles or parts thereof from
private or public property, including highways, in accordance with the
requirements of sections 22660 and 22661 of the Vehicle Code. This includes
ordinances developed *for recovery pursuant to sections 25845, 38773:5 or 54988
of the Government Code. These ordinances are on file with the Service- Authority,
the California Highway Patrol, and the State Controller's Office. Annex C.
contains the ordinances of the member agencies.
F. 'DISPOSAL AND ENFORCEMENT.
Each of the participating agencies have abandoned vehicle abatement processing
formats :or Standard Operating Procedures in place for the enforcement of Vehicle.
Code Section 22523, subdivisions (a) and (b). Statutory authority for the removal
of abandoned vehicles is Vehicle Code Section 22669, as well as local ordinances
adoptedforthe removal and disposal as public nuisances of abandoned; wrecked,
dismantled,_ or inoperative vehicles or parts thereof from private or public
property.
The Authority will contract with the cities and County to use any of the following
proceduresto correct or secure compliance with the abandoned: vehicle plan for
the Authority. Annex D contain_ s the agreements between.the member agencies
and the Authority.
1. Those procedures,may include:
a. Initial Enforcement Action.
b. Abandoned Vehicle Abatement.
C. Citation.
d. Injunction.
e. Nuisance Abatement.
f. Permit Revocation.
3
2. Initial Enforcement Action is defined as using whatever means necessary
to encourage the voluntary correction of an abandoned vehicle violation so
that other enforcement measures may be avoided by the Authority.
This may include a notice to responsible parties of the following:
a. Explanation of the nature of the .violations and any actions which
the property owner and/or, registered owner of the vehicle must
take to correct the violations.
b. A time limit for correction.of the violation pursuant to Section
22523 of the Vehicle Code and/or local abandoned vehicle
ordinances.
C. A statement that any member of the Authority intends to charge
the property owner for all administrative costs associated with the
abatement of a vehicle.
3. A time line may be.established that requires an abandoned vehicle
violation, identified by a member of the Authority, to be corrected within,a
certain prescribed number of days. That time line maybe extended by an
Authority member if it appears likely that the responsible party will
correct the violation within a reasonable, time.
4. Abandoned Vehicle Abatement:
a. Each Authority member shall employ the procedures set forth in
the California Vehicle Code and/or any'local ordinances to remove
'abandoned vehicles from public and/or private property•and secure
their proper disposal.
b. Authority members may under authorization of the California
Vehicle Code or local ordinance issue a citation to any person who
violates these codes or ordinances. Issuance of a citation and
penalties for the violation shall be pursuant to the California
Vehicle Code and/or local ordinance.
C. Authority members may initiate proceedings to secure injunctive
relief to determine an abandoned vehicle violation as designated by
local ordinance:
d. Authority members may employ, under State law or local
ordinance, abatement of an abandoned vehicle as a nuisance as
defined below:
1. Any condition declared by State law or local ordinance to
be a nuisance:
2. Any public nuisance •known at common law or equity.
4.
3. Any condition dangerous to human life, unsafe or
detrimental to the public health and safety.
e. The Authority members may initiate proceedings to revoke the
approval of any land use permit issued in a case where a use of that
land has been established or is conducted in a manner which fails
to observe a condition of approval that will lead to the
accumulation of abandoned vehicles.
G. DISPOSAL OF ABANDONED VEHICLES.
Each Authority member will, after finding that a vehicle or parts thereof are in
violation, cause the vehicle or parts to be disposed of by removal to a scrapyard
for processing as scrap, or other final disposition consistent with State law or local
ordinance. In accordance with Vehicle.Code sections 22671 and 2285 1.3, each
member may contract with one or more licensed auto dismantlers and/or qualified
tow companies for the removal and disposal of abandoned vehicles and may
employ such contractors for the abatement, removal and disposal as public
nuisances of: abandoned, wrecked, dismantled, or inoperative vehicles or parts
thereof from private or public property. Abated vehicles or parts thereof shall be
disposed of by removal to a dismantler.or to. a scrapyard for processing as scrap,
unless the vehicle qualifies for restoration pursuant to Section 5004 of the Vehicle
Code.
H. ' COST RECOVERY STRATEGY.
Participating agencies shall utilize the provisions of Section 22523 of the Vehicle
Code to effect partial recovery of costs incurred in the removal of an abandoned
vehicle. Additionally, member cities have enacted ordinances relative to recovery
in accordance with Sections 25845 or 38773.5 or 54988 of the Government Code..,
It is the intent of the abandoned vehicle abatement participants to recover the cost
of abandoned vehicle abatement activities from the Service Authority.
Definition of Costs Recoverable from the Service Authority.
These are costs that include actual costs of vehicle removal, storage and
disposal; and staff time reasonably expended and related to abandoned
vehicle abatement, cases where no permit is required, for items including
but not limited to: investigation, site inspection, monitoring, reports,
telephone contacts, correspondence, meetings with affected parties,
supervision of investigative efforts, and computer time.
2. Cost Accounting and Recovery Required.
Each Authority member will maintain records of costs incurred in
enforcement of the abandoned vehicle abatement program and attempt
recovery of these costs. Staff time shall be calculated at an hourly rate as
established by that member.
3. Method of Recovery.
As governed by existing State law, methods may include but are not
restricted to release fees, citation, liening the vehicle and/or property
owner, imposing a special assessment on real property, towing fees.
4. Audit.
The Service Authority and their jurisdictions shall conduct annual audits
to ensure that funds are being spent in compliance with Sections 9250.7.
and 22710 of the Vehicle Code. Audits maybe performed by the city of
county auditor/controller or shall be contracted with a certified public
accountant or public accountant pursuant to Section 6505 of the
Government Code, to make an annual audit of the accounts and records of
every agency or entity.
I. CONTRACTUAL AGREEMENTS:
Authority members may employ contractors for the abatement, removal and
disposal, as a public nuisance, of abandoned, wrecked, dismantled or inoperative
vehicles or parts thereof from private or public property.
J. APPROPRIATE FISCAL CONTROLS.
The Authority Board of Directors shall adopt an annual budget and shall set
appropriate revenue amounts to be earmarked to each participating. member
agency. These amounts are to be based on the total revenue to be realized,
including interest, by the annual assessment of $1.00 per registered vehicle in the
County. These amounts will.be less those costs for contracted services that the
Service Authority might incur. Furthermore, the administrative costs of the
California Department of Motor Vehicles and State Controller's office will be
debited prior to distribution.
Each member agency shall account,for funds received from the Authority using
generally accepted accounting principles (GAAP): Each agency shall maintain
records identifying the total number of vehicles or parts thereof abated.
' 1. Disbursement of Funds:
(a) The money received by a Service Authority pursuant to Section 9250.7
of the Vehicle Code shall be distributed to the'cities and the county for
their use in.accordance with Section 22710 (d)(5) of the Vehicle Code.
(b) The funds will be disbursed quarterly, as received, and based upon the
percentage of vehicles abated by the agency of the total number of
abandoned vehicles abated by all agencies that are members of the
Service Authority.
(c), The quarterly disbursement'of funds to each participating jurisdiction
shall be based on the fiscal year beginning in July.
6
(d) The Treasurer of the Service Authority will receive any funds
distributed to the Service Authority by the State Controller and shall.
disburse said funds, including interest thereon, less any expenses
resulting from contractual agreements to conduct audits, to each
member jurisdiction as authorized by the board and by the terms of the
this Plan and the Joint Powers Agreement.
(e) Any funds received by the Service Authority that are not expended to
abate abandoned vehicles pursuant to an approved Abandoned Vehicle
Abatement Program within 90 days of the close of the fiscal year in
which the funds were received, shall be returned to the State
Controller's Office (SCO) for deposit in the Motor Vehicle Account
in the State Transportation Fund.
2. Major Purchases.
Major purchases exceeding $2,500 require.prior approval from the Authority.
Requests shall include a detailed justification. When evaluating a request, the
Authority shall ensure the funds are being expended in accordance with Section
22710 of the Vehicle Code and are justified expenses for the benefit of the
Abandoned Vehicle Abatement Program. For major purchases which will be
utilized by other programs, the Abandoned Vehicle Abatement monies will be
approved based on the percentage of estimated usage by the Abandoned Vehicle
Abatement Program.
K. REPORTING REQUIREMENTS.
In order to meet its obligation, the State Controller's Office requests that each
Service Authority, established pursuant to Vehicle Code sections 9250.7 and
22710, submit on an annual basis, data required by Vehicle Code section 9250.7;
subdivision (c).
Member Agencies.
The member agencies shall provide annual reports in a,format similar to that
contained in Appendix 3 to Annex E, of this Plan. Appendix 3 to Annex E,
contained in this Plan, is a draft form provided by the State Controller's Office.
When a final format for the annual report is adopted by the State Controller's
Office, that form will. be used for the annual report by the member agencies. This
report is due at the Butte County Development Services Department no.later'than
July 31 each year. Failure to submit a report by July 31 will result in that member
agency being ineligible for funds for that year, unless the deadline of July 31 is
waived by the Board of Directors.
Authority Reports to the State Controller's Office.
The Authority will -generate 'and 'submit -to the State Controller's Office the reports
required by Vehicle Code section 9250.7, subdivision.(c). The report shall be on
a form similar to the draft form provided by the State Controller's Office and ,
shown in Appendix 4 to Appendix"E of this Plan. When a final form is adopted by,"
the State Controller's Office, that form will be,used'. The annual report -will be
submitted to the State Controller's Office no later than October 31 each year. The
report shall contain the following information:
1. The total revenues received by the service authority for the previous
fiscal year.. ..
2. The total expenditures by the service authority for the previous fiscal
year.
3. The total number of vehicles abated during.the previous fiscal year.
4. The average cost per abatement during the previous fiscal year.
5. Any additional, unexpended' fee revenues for the service authority for
the previous fiscal year.
L. ASSESSMENT OF THE PROGRAM.
The Authority Board of Directors_ will issue 'a report annually on the effectiveness
of the Authority. .
M.- UPDATES TO ANNEXES.
On, occasion, events may occur that require revisions to the annexes contained
herein. When such revisions are necessary, they will be forwarded to the CHF.
Service Authority Board approval will.not be required for updates to the annexes.
N. UPDATES TO THE AUTHORITY PLAN.
On occasion, events may occur that require revision to the Authority Plan.- When
a revision,is,necessary, the -revised Plan will be submitted to the Board of
Directors of the Authority for review and. approval prior to submission to the
CHP.
G:\document\vehicle plan
8 .
AGREEMENT BETWEEN THE COUNTY OF BUTTE
AND
BUTTE COUNTY ABANDONED VEHICLE ABATEMENT
SERVICE AUTHORITY
INTRODUCTION
This agreement is made and entered into this day of , 2002; by -and
between the County of Butte (hereinafter referred to as "County') located at 25 County Center '
Drive, Oroville, CA 95965, and the Butte County Abandoned Vehicle Abatement Service
Authority (hereinafter referred to as "Authority"), located at 7 County Center Drive, Oroville,
CA 95965. f
WHEREAS, the Authority is established pursuant to Section 22710 of the Vehicle Code,
and
WHEREAS, the Authority is authorized to enter into agreements with the County of
Butte to provide for the appropriate administration of the vehicle abatement program.
NOW, THEREFORE, in consideration of the mutual promises, covenants, terms, and
conditions hereinafter contained;.the parties hereby agree as follows:
TERMS AND CONDITIONS
1. SCOPE OF WORK:
1. 1. The County shall provide work and administration related to the vehicle abatement
program pursuant to .Section 22710 of the Vehicle Code, of Butte County Code, Chapter
14, Article XII, and the Butte County Abandoned Vehicle Abatement Service Authority
Program Plan.
- L
1.2. Services and work provided by the County under this Agreement shall be performed in a
timely manner consistent with all applicable federal, state, and County laws, ordinances,
regulations, and resolutions.
2. TERM:
2.1.The term of this Agreement shall commence on January 1, 2003, and shall terminate on
thirty (30) days written notice by either party.
3. CONSIDERATION:
3.1. Funds received from the Abandoned Vehicle Abatement Program shall be distributed as
approved by the Authority's Board of Directors.
3.2. County shall maintain and submit to the Authority a quarterly status report indicating the
services and work provided pursuant to the terms of this Agreement on forms provided
by the Authority.
3.3.The Authority shall deduct from funds received from the Abandoned Vehicle Abatement
Program such funds as are necessary to pay for the costs of audits, staff and
administration of the Authority. Audit, staff and administrative costs will be reviewed
annually by the Authority's Board of Directors and may be adjusted as necessary. Such
adjustments shall be approved by the Authority's Board of Directors.
3.4. Funds received from the Abandoned Vehicle Abatement Program shall be disbursed
quarterly as set forth in the Butte County Abandoned Vehicle Abatement Service
Authority's Program Plan.
3.5. If a member agency provides vehicle abatement services for another member agency
pursuant to a written agreement, the funds allocated for the agency receiving the services
shall be paid directly to the agency providing the services, unless the providing agency is
otherwise compensated for providing such services.
3.6. The Authority shall have no responsibility to pay any amount in excess of the funds
received from the Abandoned Vehicle Abatement Program fund.
4. OFFICE SPACE, SUPPLIES, EQUIPMENT, ETC.:
4.1. County shall provide its own office space, supplies, equipment, vehicles, reference
materials, and telephone services as necessary for County to provide the services
identified in this Agreement, provided however, that the cost may be a reimbursable
expense if approved by the Authority's Board of Directors and in accordance with
reimbursement policies approved by the Board.
5. COUNTY PROPERTY:
5.1. Products of County's Work and Services. Any and all compositions, publications, field
notes, plans, designs, specifications, maps, formulas, processes, photographs, slides,
video tapes, computer programs, computer disks, computer tapes, memory chips,
soundtracks, audio recordings, films, audio-visual presentations, exhibits, reports, tests,
studies, inventions, patents, trademarks, copyrights, or intellectual properties of any kind
which are created, produced, assembled, compiled by, or are the result, product, or
manifestation of, County's services or work under this Agreement are, and at the
termination of this Agreement remain, the sole and exclusive property of the County.
6. WORKER'S COMPENSATION:
6.1.County shall provide worker's compensation insurance coverage, in the legally required
amount, for all County employees utilized in providing work and services pursuant to this
Agreement. By executing this Agreement, County acknowledges its obligations and
responsibilities to its employees under the California Labor Code.
7. INSURANCE:
7.1.General Liability and Auto Liability. County shall maintain during the entire term of this
Agreement self-insurance in the amount of one million dollars ($1,000,000) which covers .
any negligent work and services performed by County under this Agreement.
7.2. Cancellation. Said insurance will not be terminated, modified, or canceled without thirty
(30) days written notice to the Authority.
8. STATUS OF COUNTY:
8.1. All acts of County, its agents, officers, and employees, relating to the performance of
this Agreement, are performed as an independent contractor and are not performed as
agents, officers, or employees of the Authority. As an independent contractor:
8.1.1. County shall determine the method, details, and means of performing the work
and services to be provided under. this Agreement.
8.1.2. County shall be responsible to the Authority only for the requirements and results
specified in this Agreement, and except as expressly provided in this Agreement,
shall not be subjected to the Authority's control with respect to the physical action
or activities of the County in fulfillment of this Agreement.
9. INDEMNIFICATION:
9.2 To the extent permitted by law, County shall indemnify, defend, and hold harmless the
Authority, its agents, officers, and employees from and against all claims, damages,
losses, judgments, liabilities,. expenses, and other costs, including litigation costs and
4
attorney's fees, arising out of, or resulting from, the active negligence or wrongful acts of
County, its officers, or employees.
To the extent permitted by law, the Authority shall indemnify, defend, and hold harmless
the County, its agents, officers, and employees from and against all claims, damages,
losses, judgments, liabilities, expenses, and other costs, including litigation costs and
attorney's fees, arising out of, or resulting from, the active negligence or wrongful acts of
the Authority, its officers, or employees.
10. RECORDS AND AUDIT:
10.1. County shall prepare and maintain all records prepared in connection with the services
provided under the various provisions of this Agreement.
10.2. Any authorized representative of the Authority shall have access to any books,
documents, papers, records, including, but not limited to, financial records of County,
which the Authority determines to be pertinent to this Agreement, for the purposes of
making audit, evaluation, .examination, excerpts, and transcripts. Further, the
Authority has the right, at all reasonable times, to audit, inspect, or otherwise evaluate
the work performed or being performed under this Agreement.
11. NONDISCRIMINATION:
11.1. During the performance of this Agreement, County, its agents, officers, and
employees shall not discriminate in violation of any federal, state, or local law,
against any employee or applicant for employment, or person receiving services
under this Agreement, because of race, religion, color, national origin, ancestry,
physical handicap, medical condition, marital status, age, or sex.
5
12. TERMINATION:
12.1. This Agreement may be terminated by either party without cause, for any reason,
upon thirty (30) days prior written notice of such intent to cancel.
13. SEVERABILITY:
13.1. If any portion of this Agreement or application thereof to any person or
circumstances shall be declared invalid by a court of competent jurisdiction, or if it
is found in contravention of any federal, state, or County statute, ordinance, or
regulation, the remaining provisions of this Agreement, or the application thereof,
shall not be invalidated thereby, and shall remain in full force and effect to the
extent that the provisions of this Agreement are severable.
14. AMENDMENT:
14.1. This Agreement may be modified, amended, changed, added to, or subtracted from,
by the mutual consent of the parties hereto, if such amendment or change is in
written form and executed with the same formalities as this Agreement, and attached
to the original Agreement to maintain continuity.
15. NOTICE:
15.1. Any notice, communication, amendments, additions, or deletions to this Agreement,
including any change of address of either. party during the terms of this Agreement,
which the Authority or the County shall be required, or may desire, to make, shall be
in writing and may be personally served, or sent by prepaid first class mail to, the
respective parties as follows:
County: Butte County Chief Administrative Officer
25 County Center Drive
Oroville, CA 95965
6
Authority: Butte County AVA Service Authority
C/o Development Services Department
7 County Center Drive
Oroville, CA 95965
16. 'ENTIRE AGREEMENT:
16.1. This Agreement contains the entire agreement of the parties, and no representations,
inducements, promises, or agreements otherwise between the parties not embodied'
herein or incorporated herein by reference, shall be of any force or effect. Further,
no term or provision hereof may be changed, waived, discharged, or terminated,
unless the same be in writing executed by the parties hereto.
IN WITNESS THEREOF, THE PARTIES HERETO HAVE SET THEIR HANDS THIS
DAY OF 22002.
COUNTY OF BUTTE: SERVICE AUTHORITY:
By:
Curt Josiassen, Chairman
Board of Supervisors, County
Of Butte, State of California
ATTEST: Paul E. McIntosh
Clerk of the Board of Supervisors
Of the County of Butte,
State of California
APPROVED AS TO FORM:
Bruce Alpert, County Counsel
BY:
GAcontract\vehicle Agreement
By:
Chairman, Board of Directors
Butte County Abandoned
Vehicle Abatement Service
Authority
AGREEMENT BETWEEN THE CITY OF
AND
BUTTE COUNTY ABANDONED VEHICLE ABATEMENT .
SERVICE AUTHORITY
INTRODUCTION .
This agreement is made and entered into this day of , 2002,
by and between the City of (hereinafter referred to as "City"). located at
and the Butte County Abandoned Vehicle
Abatement Service Authority (hereinafter referred to as "Authority"), located at 7 County
Center Drive, Oroville, CA 95965.
WHEREAS, the Authority is established pursuant to. Section 22710 of the" Vehicle
Code, and
WHEREAS, the Authority is authorized to enter into agreements with the City of
to provide for the appropriate administration of the vehicle abatement
program. ,
NOW, THEREFORE, in consideration of the mutual promises, covenants, terms,
and conditions hereinafter contained, the parties hereby agree as follows:
TERMS AND CONDITIONS
1. SCOPE OF WORK: .
1.1. The City shall provide work and. administration related to the vehicle abatement`
program pursuant to Section 22710 of the Vehicle Code and the Butte County.
Abandoned Vehicle Abatement.:Service Authority Program Plan.
1.2.. Services and work provided by the City under this Agreement shall be
performed in a timely manner consistent with all applicable federal, state, County
and City laws, ordinances, regulations, and resolutions.
2. TERM:
2.1.The term of this Agreement shall commence on January 1, 2003, and shall terminate on
thirty (30) days written notice by either party.
3. CONSIDERATION:
3.1. Funds received from the Abandoned Vehicle Abatement Program shall be distributed as
approved by the Authority's Board of Directors.
3.2. City shall maintain and submit to the Authority a quarterly status report indicating the
services and work provided pursuant to the terms of this Agreement on forms provided
by the Authority.
3.3.The Authority shall deduct from funds received from the Abandoned Vehicle Abatement
Program such funds as are necessary to pay for the costs of audits, staff and
administration of the Authority. Audit, staff and administrative costs will be reviewed
annually by the Authority's Board of Directors and may be adjusted as necessary. Such
adjustments shall be approved by the Authority's Board of Directors.
3.4. Funds received from the Abandoned Vehicle Abatement Program shall be disbursed
quarterly as set forth in the Butte County Abandoned Vehicle Abatement Service
Authority's Program Plan.
3.5. If a member agency provides vehicle abatement services for another member agency
pursuant to a written agreement, the funds allocated for the agency receiving the services
shall be paid directly to the agency providing the services, unless the providing agency is
otherwise compensated for providing such services.
3.6. The Authority shall have no responsibility to pay any amount in excess of the funds
received from the Abandoned Vehicle Abatement Program fund.
2
4.. OFFICE SPACE, SUPPLIES, EQUIPMENT, ETC.:
4.1. City shall provide.its own office space, supplies, equipment, vehicles, reference
materials, and telephone services as'necessary for City to provide the services identified
in this Agreement, provided however, that the cost may be a reimbursable expense if
approved by the Authority's Board of Directors and in accordance with reimbursement
policies approved by the Board.
5. CITY PROPERTY:
5.1. Products of City's Work and Services. Any and all compositions, publications, field
notes, plans, designs, specifications, maps, formulas, processes, photographs, slides,
videotapes, computer programs, computer disks, computer tapes, memory chips,
soundtracks, audio recordings, films, audio-visual presentations, exhibits, reports, tests,
studies, inventions, patents, trademarks, copyrights, or intellectual properties of any kind
which are created, produced, assembled, compiled by, or are the result, product, or
manifestation of, City's services or work under this Agreement are, and at the termination
of this Agreement remain, the sole and exclusive property of the City.
6. WORKER'S COMPENSATION:
6.1.City shall provide worker's compensation insurance coverage, in the legally required
amount, for all City employees utilized in providing work and services pursuant to., this
Agreement. By executing this Agreement, City acknowledges its obligations and
responsibilities to its employees under the California Labor Code.
3
7. INSURANCE:
7.1.General Liability and Auto Liability. City shall maintain during the entire term of this
Agreement insurance or self-insurance in the amount of one million dollars ($1,000,000)
which covers any negligent work and services performed by City under this Agreement.
7.2. Cancellation. Said insurance or self insurance will not be terminated, modified, or
canceled without thirty (30) days written notice to the Authority.
8. STATUS OF CITY:
8.1. All acts of City, its agents, officers, and employees, relating to the performance of this
Agreement, are performed as an independent contractor and are not performed as agents,
officers, or employees of the Authority. As an independent contractor:
8.1.1. City shall determine the method, details, and means of performing the work and
services to be provided under this Agreement.
8.1.2. City shall be responsible to the Authority only for the requirements and results
specified in this Agreement, and except as expressly provided in this Agreement,
shall not be subjected to the Authority's control with respect to the physical action
or activities of the City in fulfillment of this Agreement.
9. INDEMNIFICATION:
9.2 To the extent permitted by law, City shall indemnify, defend, and hold harmless the
Authority, its agents, officers, and employees from and against all claims, damages,
losses, judgments, liabilities, .expenses, and other costs, including litigation costs and
attorney's fees, arising out of, or resulting from, the active negligence or wrongful acts of
City, its officers, or employees.
4
To the extent permitted by law, the Authority shall indemnify, defend, and hold harmless
the City, its agents, officers, and employees from and against'all claims, damages, losses,
judgments, liabilities, expenses, and other costs, including litigation costs and attorney's
fees, arising out of, or resulting from, the active negligence or wrongful acts of the
Authority, its officers, or employees.
10. RECORDS AND AUDIT:
10.1. City shall prepare and maintain all records prepared in connection with the services
provided under the various provisions of this Agreement.
10.2. Any authorized representative of the Authority shall have access to any books,
documents, papers, records, including, but not limited to, financial records of City,
which the Authority determines to be pertinent to this Agreement, for the purposes of
making audit, evaluation, examination, excerpts, and transcripts. Further; the
Authority has the right, at all reasonable times, to audit, inspect, or otherwise evaluate
the work performed or being performed under this Agreement.
11. NONDISCRIMINATION:
11.1. During the performance of this Agreement, City, its agents, officers, and employees
shall not discriminate in violation of any federal, state, or local law, against any
employee or applicant for employment, or person receiving services under this
Agreement, because of race, religion, color, national origin, ancestry, physical
handicap, medical condition, marital status, age, or sex.
12. TERMINATION:
12.1. This Agreement may be terminated by either party without cause, for any reason,
5
upon thirty (30) days prior written notice of such intent to cancel.
13. SEVERABILITY:
13.1. If any portion of this Agreement or application thereof to any person or
circumstances shall be declared invalid by a court of competent jurisdiction, or if it
is found in contravention of any federal, state, County or City statute, ordinance, or
regulation, the remaining provisions of this Agreement, or the application thereof,
shall not be invalidated thereby, and shall remain in full force and effect to the
extent that the provisions of this Agreement are severable.
14. AMENDMENT:
14.1. This Agreement may be modified, amended, changed, added to, or subtracted from,
by the mutual consent of the parties hereto, if such amendment or change is in
written form and executed with the same formalities as this Agreement, and attached
to the original Agreement to maintain continuity.
15. NOTICE:
15.1. Any notice, communication, amendments, additions, or deletions to this Agreement,
including any change of address of either party during the terms of this Agreement,
which the Authority or the City shall be required, or may desire, to make, shall be in
writing and may be personally served, or sent by prepaid first class mail to, the
respective parties as follows:
City:
Authority: Butte County AVA Service Authority
C/o Development Services Department
7 County Center Drive
Oroville, CA 95965
G
16. ENTIRE AGREEMENT:
16.1. This Agreement contains.the entire agreement of the parties, and no representations,
inducements, promises, or agreements otherwise between the parties not embodied .
herein or incorporated herein by reference, shall be of any force or effect. Further,
no term or provision hereof may be changed, waived, discharged, or terminated,
unless the same be in writing executed by the parties hereto.
IN WITNESS THEREOF, THE PARTIES HERETO HAVE SET THEIR HANDS THIS
DAY. OF , 2002.
CITY OF
By:
Mayor
City Council, City
Of , State of California
ATTEST:
City Clerk
Of the City of ,
State of California
APPROVED AS TO FORM:
, City Attorney
By:
Wcontract\vehicle Agreement -city
7
SERVICE AUTHORITY:
By:
Chairman, Board of Directors
Butte County Abandoned
Vehicle Abatement Service
Authority
Appointees and alternates
10/2002
Biggs: William Theback
Alt.,,???
Gridley: Gary Davidson
Alt. Frank Hall
Oroville: Robert Zollner
Alt. M?
Paradise: Al McGreehan
Alt. Gene McCarty
Chico: Tom Lando
Alt. Bob Koch
Butte Co.: Paul McIntosh
Alt. Sean Farrell
. BUTTE COUNTY
ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY
BYLAWS
ARTICLE I - NAME
The name of this authority shall be the Butte County Abandoned Vehicle Abatement Service
Authority. It will be referred to elsewhere in these bylaws as the AService Authority@. The Board
of Directors of the Service Authority shall be known and referred to elsewhere in these bylaws as
the AService Authority Board@.
ARTICLE II - PURPOSE ,
The purpose of the Service Authority is to implement a Butte County Abandoned Vehicle Abatement
Program (hereinafter, the Aerogram@) and serve as the administrative and legislative body in charge
of that Program.
ARTICLE III - RESPONSIBILITIES
The Service Authority Board shall approve a Program and submit it to the California Highway Patrol
for approval. Thereafter, the Service Authority Board meetings shall provide a forum for the
discussion of abandoned vehicle abatements conducted pursuant to the Program within Butte
County. The Service Authority Board shall apportion and disburse funds to each Service Authority
member in compliance with Vehicle Code Section 22710.. The Service Authority Board shall
periodically prepare and transmit Program recommendations to the legislative bodies of Service
Authority members. The Service. Authority Board shall also monitor compliance by Service
Authority members with State law requirements relevant to the Program; conduct and report the
results of any survey, study or analysis pertaining to the Program; manage the financial affairs of the
Service Authority and modify and/or approve reports to the State of California.
ARTICLE IV - MEMBERSHIP - BOARD OF DIRECTORS
Section 1 - Each member of the Service Authority shall appoint one director to the Service Authority
Board.
Section 2-tEach-ofthe,directors.shdll-serve`atthe pleasure of the-legislative=body of=the=member
(which-appointed'him or.her.
Section 3 — If authorized by the legislative body, each director may appoint an alternate director to
represent the regular director in board business, and to vote on all matters when the regular director
is not in attendance at Board meetings. Provided, however, alternate directors shall not be eligible
to serve as an officer of the Service Authority. Alternate -directors shall-be-desigriatedin-aisigned
cwritten instrument-wh ch shall=be=kept-on- f lF-in:the�offce-ofthe=ButteCounty-`Department:of;
Development=Services. Alternate directors shall serve at the pleasure of the appointing director, and
any vacancy may be filled by appointment of the regular director.
Section 4 - A simple majority of directors or alternate directors with current appointments shall
constitute a quorum for meetings of the Service Authority Board.
Article V - OFFICERS AND TERMS OF OFFICE
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~
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Section 1 The officers of the Service Authority Board shall be a Chairperson and Vice -Chairperson,
to be elected by the Service Authority Board at its first meeting of each calendar year.
Section 2 - An officer shall assume office immediately upon election and until his or her term
expires.
Section 3 - The initial terms of the directors shall be two years for half of the members of the board
of directors and four years for the remaining members of the board of directors. The initial terms
shall be determined by lot at the first meeting. Thereafter, all terms shall be four years.
Section 4 - If the office of the Chairperson becomes vacant, the position shall be filled for the
unexpired term by the Vice -Chairperson who shall vacate the office of the Vice -Chairperson. If the
office Vice -Chairperson becomes vacant, the office shall be filled by a vote of the Service Authority
Board, and the Electee shall serve for the unexpired term. If both offices become vacant, both will
be filled for.the unexpired term by a vote of the Service Authority Board.
Section 5 - The Chairperson shall preside at all regular and special meetings of the Service Authority
Board and shall appoint all committees.
Section 6 - Chairperson and Vice -Chairperson Absent. In the absence of the Chairperson and Vice -
Chairperson, any member of the Board of Directors may call the Service Authority to.order, and a
Chairperson pro tem shall be elected from the members present.
Section 7 - Chairperson=s Responsibilities. The responsibilities of the Chairperson shall be as
follows:
a. Preside at all meetings of the Service Authority.
b. Call special meetings of the Service Authority.
c. Sign documents on behalf of the Service Authority.
d. Appoint all subcommittees and nominating committees of the Service Authority.
e. Direct appropriate follow through on items raised that are not listed on the Service
Authority agendas and refer procedural matters to staff for action.
Section 8 -.Vice-Chairperson=s Responsibilities. During the absence, disability or disqualification
of the Chairperson, the Vice -Chairperson shall exercise or perform all the duties and be subject to
all the responsibilities of the Chairperson.
Article VI - MEETINGS
Section 1 - Regular meetings shall be held at least annually, or as necessary, as determined by the
Chairperson. The regular location of meetings may be the Conference Room at 3-A County Center
Drive, or other suitable locations of adequate size. Special meetings may be called by the
Chairperson and shall be called by the Chairperson on petition of a majority of the Service Authority
Board. The location of a special meeting shall be determined by the Chairperson or by the
petitioning majority of the Service Authority Board when the need of the meeting becomes known.
Section 2 - Meetings shall be public and minutes shall be maintained of all meetings.
Section 3 - Meetings and the conduct of Service Authority Board members shall be governed by the
Ralph M. Brown Open Meeting Act, Government Code section 54950, et seq.
Section 4 - Agendas for regular meetings shall be distributed to Service Authority Board members
and posted for public information no later than 72 hours prior to each regular meeting. Agendas for
special meetings shall be distributed to Board members and posted for public information no later
than 24 hours prior to each special meeting. A majority of the members of the Service Authority
Board constitute a quorum. No act of the Service Authority Board shall be valid unless a majority
of that quorum concur therein. Notwithstanding the above, whenever any act of the Service
Authority Board is required by statute to be approved by a majority of the members of the Service
Authority, including but not limited to the approval of or substantial revisions to the Abandoned
Vehicle Abatement Service Authority Program and/or Plan, such act is not valid unless approved by
a majority of the members of the Service Authority.
Section 5 - Items proposed for the Service Authority Board =s agenda shall be submitted to Butte
County Department of Development Services (DDS) Staff no later than 2 weeks prior to each
meeting.
Section 6 - Agendas shall be posted in a location that is freely accessible to members of the public
near the entrance to the facility where the meeting is to be held. Agendas shall also be sent to
individuals who ask to be placed on the Service Authority Board =s mailing list.
Section 7 - The Service Authority Board may only discuss and take action on items posted on the
agenda. Items or subjects not posted on the agenda may be presented to the Service Authority Board,
but the Service Authority Board may not discuss or act upon these items unless there is a
determination by at least two-thirds of the Service Authority Board that the need to take action on
the item arose after the agenda was posted, or that an emergency situation exists. If staff or a director
had knowledge that actions would be required by the Service Authority Board, and the knowledge
or need existed prior to the deadline for posting the agenda, the Service Authority Board shall not
take action, but the Chairperson may refer the item for further placement on the agenda for the next
regular meeting. The need for any late addition to the agenda shall be substantiated in writing and
presented to the Board at the time of the request for discussion and action.
Section 8 - The Board shall encourage whenever possible, members of the public to attend Service
Authority Board meetings and to participate in the discussion of Agenda items. The Chairperson
shall request public input on each item listed on the agenda prior to the Service Authority Board
taking action on that item. Members of the public who desire to address the Service Authority Board
on items not posted on the agenda will be allowed to do so after the Service Authority Board has
finished discussing, and if necessary, taking action on items which were listed on the agenda.
Section 9 - Members of the Service Authority Board may not engage in intra -Board discussion of
items not listed on the agenda, but may briefly respond to statements made or questions posed. On
their own initiative or in response to questions posed, Service Authority Board members may ask
questions for clarification, provide a reference to staff or other resources for factual information, or
request staff to report back at a subsequent meeting.
ARTICLE VII - EXPENSES
Section 1 - Members of the Service Authority Board are eligible for reimbursement of transportation
expenses at the rate per mile authorized to County Employees and Officials. In order to receive the
reimbursement, Service Authority Board Members must submit their claims to the Butte County
DDS staff and show proof of valid insurance coverage, per current County standards.
Section 2 - Expenses not related to travel to and from regular or special meetings of the Service
Authority Board must be approved in advance by the Director of DDS.
Section 3 - Expense claims will be validated by Butte County DDS staff and forwarded to the Chief
Administrative Office for authorization to be charged against the Butte County DDS Budget.
ARTICLE VIII - AMENDMENTS.
Section 1 - These by-laws may be amended by a four-fifths vote of the Service Authority Board after
a proposal has been submitted in writing to the Chairperson, who shall notify each member of the
proposed amendment not less than five (5) days before the date of the meeting at which the
amendment will be voted upon.
ARTICLE IX - RULES OF ORDER
No specific rules of order are adopted. The Service Authority Board shall operate by consensus. If
consensus cannot be achieved, reference may be made to Roberts Rules of Order for assistance in
resolution of procedural issues. In the alternative, the Service Authority may adopt specific rules of
procedure for its meetings by a four-fifths vote of the Service Authority Board.
Approved by the Butte County
Abandoned Vehicle Abatement
Service Authority Board
Lo
Chairperson
ATTEST:
Yvonne Christopher, Director of
Development Services and
Secretary to the Service Authority Board
IM
g:document\AVA bylaws
4
CONTRACTUAL SERVICES AGREEMENT
Between the Butte County Abandoned Vehicle Abatement Service Authority and
the County of Butte
PREAMBLE
WHEREAS, the Butte County Abandoned Vehicle Abatement Service Authority (hereinafter,
referred to as "Authority") has been established pursuant to Section 22710 of the Vehicle Code, as
an independent agency, ,with the power to appoint and contract for staff and supportservices as,
necessary to carry out their functions; and
WHEREAS, Section 22710 of the Vehicle Code requires that the Authority be staffed by
existing personnel of the city, county, or county transportation commission; and
WHEREAS, the County of Butte (hereinafter referred to as "County") is able to provide staff
services to the Authority with existing personnel from the Butte County Department of Development
Services and related support services provided by County departments; and
WHEREAS, the Authority is in need of a chief of staff (hereinafter referred to as
ASecretary@) to provide administrative support to the Authority; and
WHEREAS, the County is able to contract with a certified public accountant to perform an
annual audit of the Authority in order to ensure that funds are being spent in compliance with
Sections 9250.7 and 22710 of the Vehicle Code;
NOW THEREFORE, Authority and County agree to the following terms and conditions
under which Authority will contract with the County to provide staff, auditing and support services:.
ARTICLE 1 .
TERM
Term of Agreement. The term of this Agreement shall commence on January 1, 2003, and shall
terminate on thirty (30) days written notice by either party.
ARTICLE 2
AUTHORITY OPERATION_
Section 2.1 Staffing.
(1) The Butte County Director of Development Services shall serve as the Secretary to
the Authority;
(2) Staffing, hiring, and the duties of each staff member shall be established at the sole
discretion of the Butte County Director of Development Services. All actions and
determinations of the Butte County Director of Development Services and the County
of Butte pursuant to this Section shall be made and implemented in a manner consistent
with the personnel rules, practices and procedures of the County of Butte and all
applicable laws:
Section 2.2 Consideration.
(1) The Authority shall deduct from funds received from the Abandoned Vehicle
Abatement Program and transmit to the County such funds as are necessary'to pay for the
costs of County to provide a certified public accountant to conduct an annual audit to
ensure that funds are being spent in compliance with Sections 9250.7 and 22710 of the
Vehicle Code.
(2) The Authority shall deduct from funds received from the Abandoned Vehicle
Abatement Program and transmit to the County an amount equal to five percent (5%) of
the Authority=s total funds received to reimburse costs for staff and administrative
services provided to the Authority.
ARTICLE 3
OBLIGATIONS OF THE COUNTY
Section 3.1 Other Support Services. County agrees to provide support services as defined in
Appendix A.
Section 3.1 Service Cost Determination. Not later than April 15`x' prior to the beginning of a
fiscal year, the Secretary shall notify Authority of the proposed estimated cost to provide service for
the next fiscal year.
ARTICLE 4
GENERAL PROVISIONS
Section 4.1 Construction. The parties understand and agree that, unless expressly stated herein,
nothing in this agreement is intended to bind the legislative discretion of either agency.
Section 4.2 Severability. Any provisions of this agreement which are proved to be invalid, void
or illegal shall in no way affect, impair or invalidate any other provision hereof, and such remaining
provisions shall remain in full force and effect.
Section 4.3 Notices. Any and all notices or other communications required or permitted by this
agreement or by law to be served on or given to either party by the other party to this agreement shall
be in writing and shall be deemed duly served when personally delivered to the officer designated
2
below, or, in lieu of such personal service, when deposited in the United States, mail, first-class
postage prepaid and addressed to the designated party and address listed below each party's signature.
Section 4.4 Modifications. Any modification of this will be effective only if it is in writing'and
signed by the parry to be charged.
Section 4.5 Effect of Waiver. The failure of either party to insist on strict compliance with any
of the terms, covenants, or conditions of this agreement by the other party shall not be deemed a
waiver_ of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or .
power at any one time or times be deemed a waiver or relinquishment of that right or power for all
or any other times.
Section 4.6 Entire Agreement. This instrument contains the entire agreement between the
parties and shall supersede any previous agreements between the parties. Any oral representations
or modifications concerning this instrument shall be of no force and effect excepting a subsequent
modification in writing signed by the parties.
DATED: , 2002
THE COUNTY OF BUTTE
Chair, Board of Supervisors
Designated Off cer for Service of Notice: Chief Administrative Officer,
Address for Service of Notice: Butte County Administration Bldg
25 County Center Dr.
Oroville, CA 95965
DATED: , 2002
3
BUTTE COUNTY ABANDONED
VEHICLE ABATEMENT SERVICE
AUTHORITY
Chair or authorized signatory
Designated Off cer for Service of Notice:
. Butte County Director of Development
Services
Address for Service of Notice: 7 County Center Drive
Oroville, CA 95965
APPENDIX A
Support Services
In providing these contractual services for Authority, the County will follow all appropriate
governmental standards and procedures. The departments identified in this agreement will provide
professional services to Authority on an Aas needed@ basis and in the same manner as provided to
County Departments. Costs for services provided by support services departments and Internal
Services Funds will not be charged to Authority in the same manner as County Departments. The
cost recovery for the annual audit, and the overhead charge equal to 5% of program funds, will be
the only charges for services provided by the County.
1. Support Services Departments include the Auditor -Controller, Treasurer, Personnel,
Purchasing, County Counsel, General Services and Administration.
2. Internal Service Funds include the Mail Room, Courier Service and Central Stores,
Information Systems, Communications (including connection to County Centrex and voice mail),
Print Shop, Worker=s Compensation Insurance, and General Insurance.
3. The County Auditor shall collect funds due to Authority from the State of California as
authorized by Vehicle Code sections 9250.7 and 22710 and hold funds and transfer funds on behalf
of Authority and provide timely financial reporting to Authority of account transactions and
balances.
4. Authority shall have the right to use County meeting rooms for Authority Meetings, subject
to availability.
5. Authority shall have reasonable access to County files and information as necessary for
Authority functions.
gAcontract\ava staff and audit agreement
4
BUTTE COUNTY ABANDONED VEHICLE ABATEMENT AUTHORITY
MINUTES
3-A County Center Drive, Oroville
Thursday, Sept. 26, 2002
The meeting was called to order by Chief Deputy County Counsel, Rob MacKenzie at
1:10 p.m.
Roll Call: Biggs — absent (Theback) (4 years)
Gridley — present (Hall) (4 years)
Oroville — present (Zollner) (2 years)
Paradise — present (McGreehan) 2 years)
Chico — present (Koch) (2 years)
Butte County — present (Farrell) (4 years)
County Counsel Rob MacKenzie conducted a drawing (lot) to determine term lengths for
each member as noted above, as per Article V, section 3 of the bylaws.
Rob asked for a motion to elect Yvonne Christopher, Development Services Director,
Butte County, as the secretary in accordance with Article 2 (Authority Operation) section
2.1 (1) of the Contractual Services Agreement between the Authority and the County of
Butte. M-Zollner, 2nd — Hall — passed — unanimous
Election of Officers:
Butte County — Chair
Paradise — Vice Chair
M -Koch, 2"d-Zollner
Discussion: Koch suggested alternate attendees should not act as chair or vice -chair in the
absence of appointed official. The motion was amended to include this restriction. Koch
distributed the amendment to Article IV, section 3 which reflected this suggestion.
Passed unanimously (Paradise abstained from self vote)
Vice Chair McGreehan presided for the remainder of the meeting.
BYLAWS - Discussion and consideration
Koch asked that all references to "Chair" or "Vice -Chair" be changed to "Chairperson"
and "Vice -Chairperson" throughout the documents being reviewed. It was agreed by all,
that the documents would be revised.
Counsel MacKenzie recommended that the end of Section 4 of Article VI of the bylaws
be amended to reflect that, while a concurrence of majority of a quorum is ordinarily
sufficient to constitute an official act by the Authority, Vehicle Code Section 22110
requires that approval of and/or significant revisions'to Authority's Program and Plan
must be approved by a majority of the members of the Authority. Counsel MacKenzie
volunteered to draft language for this revision, should the Board approve it
Counsel MacKenzie conducted a discussion of when the reporting is required to CHP.
After reviewing the CHP handbook and Vehicle Code section 22710 (d) 5, it was
determined it was annually.
The Bylaws were amended as attached in Exhibit 1.
M -Koch, 2nd -Hall to approve as amended
Passed -unanimously
Page 2 — minutes (9/26/02)
SERVICE AUTHORITY PLAN- Discussion and consideration
Discussion:
Koch — Why is section B -2(a) repeated in the Plan when it was documented in the
Bylaws? MacKenzie — To be inclusive, as the individual agencies approve the JPA, the
board approves the plan. Only the plan is forwarded to CHP.
McGreehan — Can the plan be amended? MacKenzie -Yes
It was determined by Counsel MacKenzie that the word "tagged" used in the second
paragraph of section D was defined as "any vehicle identified with following
notification" (tagged, letter sent, etc.).
A lengthy discussion ensued as to how to establish the estimates required in section D.
It was determined that the estimates should be projected for the next ten years.
Sean Farrell, Butte County Asst. CAO, asked that there be clarification written into the
plan to show the figures were projected for ten years, not one. All agreed.
McGreehan — Do we take population vs. registered vehicles? If so, it wouldn't account
for vehicles that are registered to a city resident but get abandoned in the county. .
Gene McCarty, Town of Paradise suggested using a formula based on existing abandoned
vehicles, multiplied by ten years adjusting for future growth.
Michael Vieira, Building Official of Butte County has contacted some of the jurisdictions
and based on expected population protracted the following 10 year estimate of
abatements:
Chico - 4000
Gridley — 25.0
Oroville — 5000
Biggs - 200??
Paradise — 5000
Butte County —15,000
Section E: Counsel MacKenzie stated that all ordinances must be completed before the
plan is submitted to CHP. A discussion ensued as to who would make the final
determination on whether our plan would be accepted for 2003, since we are 2 months
late in submitting it to the state. MacKenzie stated it would be the DMV Director.
Section G: Koch questioned the second sentence where the plan states that a contractual
agreement would be maintained with "A" licensed auto dismantler. As most jurisdictions
use a rotational schedule. It was suggested the wording be changed to "one or more". All
agreed. McGeehan asked if the arrangement HAD to be contractual. After a review of the
statutes and lengthy discussion it was determined it was not mandatory and the sentence
structure was amended to reflect the changes.
FRANK HALL (Gridley) excused himself from the meeting. An additional Gridley
alternate was not present.
Section H: Koch suggested Item #1 should include actual costs of disposal or removal.
McCarty asked if recovery is mandatory. MacKenzie stated that the jurisdiction could use
the funds or get cost recovery from the owner. McCarty asked if we have to show efforts
(liens, etc.) for cost recovery. MacKenzie stated you can just get rid of the problem and
shared an example of using the affidavit to state it is not the owner's vehicle.
Section J: Koch asked if the $2500 is the agency or authority cost. MacKenzie stated,
agency. McGreehan suggested it might be something like a vehicle for code enforcement.
McGreehan asked where the $2500 figure came from. Farrell stated from the CHP
authority and handbook.
Farrell suggested we have a standing meeting in September every year. All agreed
M -Koch to approve plan as amended by consensus. 2nd -Farrell -passed unanimous.
M-Zollner to have County forward plan to the State 2nd -Koch — passed unanimous
Review and consider approval of Contractual Services Agreement between Butte County
and the Authority. Revisions were suggested by Farrell to page 4.
M -Koch, 2nd — Zollner — Vice chairperson McGreehan asked for a roll call vote.
Biggs — absent
Gridley — absent
Oroville — yes
Paradise — yes
Chico — yes
Butte Co — abstain
Motion passed
Agreement between the county and authority
Discussion of the quarterly report as required in section 3.2
Vieira stated the quarterly report justifies the quarterly payments made from the state.
Fund requests are reported annually, but funds are dispersed quarterly.
Farrell referenced section 1-J of the CHP handbook.
Zollner asked if population will control the payments. MacKenzie: No, the first year only
We need to determine what apportionment formula should.be used. This needs to be
3
determined by the first annual report. Population, geography and actual abatements
determine final allotments.
M -Koch to approve and execute with the county 2°a- McGreehan
3 = yes
Farrell — abstain
Agreement between City and Authority
Strike section 1.1 reference to the Butte County Code
Section 7.1 and 7.2 amend language
M-Zollner, 2. — Koch
To amend sections as noted and give authority to county counsel to review and amend the
City agreements for editorial changes (not substantial) and allow chair to sign
agreements.
Passed unanimously
Koch noted that the City of Chico had not been signed as yet. They were scheduled to be
heard by the council on Oct. 1, 2002. He would forward the final documents to Yvonne
Christopher, secretary.
No further business
Adjournment
4
CITIES AND COUNTY OF BUTTE
ABANDONED VEHICLE ABATEMENT
SERVICE AUTHORITY PLAN
A. PURPOSE.
The purpose of this Plan is to establish operation of a Service Authority for the
abatement of abandoned vehicles in Butte County pursuant to Vehicle Code.
section 22710. The Service Authority is to be known as the Butte County_
Abandoned Vehicle Abatement Service Authority ("Authority").
The purpose of the Authority's Plan shall be the exercising of certain operations
as set forth below which will assure the citizens of the cites and County of Butte
that abandoned vehicle abatement activities are conducted in a manner most
consistent with the good of the general public.
B. AUTHORITY ORGANIZATION.
1. Membership in the Authority is open to all cities and the County adopting
resolutions providing for the establishment of the Authority within Butte
County and imposition of an additional one dollar ($1) collected on motor
vehicle registration fees.
2. The Authority is to be governed by a Board of Directors. The Board of
Directors will be composed of representatives from each of the
membership cities and a County representative.
a. The initial terms of the directors shall be for two years for half of
the members of the board and four years for the remaining
members. The initial terms shall be determined by lot at the first
meeting. Thereafter, all terms shall be four years.
b. The Board of Directors shall be responsible for the administration
and management of the Authority Plan.
C. Monetary distribution shall be with approval of all members of the
Authority. Funds will be distributed in accordance with Vehicle
Code § 22710 and any amendment thereto. Population figures used
in calculating the disbursement of funds shall be population figures
issued annually by the Department of Finance. These figures are -
normally available in the 2nd quarter of the calendar year and any,
adjustments in monetary allocations to members of the Authority
sc
will be made in the 1quarter of the fiscal year.
A
d. Funds collected from non -participating cities will be distributed by
the Authority to the participating members on a population
percentage formula.
e. Any change in method of distribution of funds will need a simple
majority of approval of the participating members of the Authority.
RESOLUTIONS.
Annex A contains copies of the resolutions providing for the establishment of the
Authority, the imposition of the $1.00 registration fee, and the approval of this
Plan, pursuant to Sections 22710(a) and 9250.7(a) of the Vehicle Code. Copies of
the resolutions are on file with the Service Authority, the California Highway
Patrol, and the State Controller's Office. The Authority is comprised of the
following cities:
JURISDICTION
POPULATION*
1. City of Biggs
1,797
2. City of Chico
66,767
3. City of Gridley
5,635
4. City of Oroville
13,034
5. City of Paradise
26,500
6. County Unincorporated
93,268
TOTAL COMBINED POPULATION
207,001
TOTAL COUNTY POPULATION
207,001
*Figures based on California Department of Finance figures as of May 10,. 2002.
Annex B is the agreement for the establishment of the Butte County Abandoned
Vehicle Abatement Service Authority by the cities and County.
D. ABANDONED VEHICLE ESTIMATES.
As required by Section 22710(d)(5) of the Vehicle Code, "No governmental
agency shall receive any funds from a service authority for the abatement of
abandoned vehicles pursuant to an approved abandoned vehicle abatement
program unless the governmental agency has submitted an annual report to the
service authority stating the manner in which the funds were expended, and the
number of vehicles abated. The governmental agency shall receive that
percentage of the total funds collected by the service authority that is equal to its
share of the formula calculated pursuant to paragraph (6)."
Based on the definition that an abandoned vehicle canbe left on a highway,
public or private property, any vehicle tagged is a potential abandoned vehicle.
However, many vehicles that are not towed are moved by the owner. In Butte
E.
F
County, over the life of the program (10 years) it is estimated that there will be a
potential of 29,450 vehicles, which will become abandoned vehicles.
JURISDICTION
1. City of Biggs
2. City of Chico
3. City of Gridley
4. City of Oroville
5: City of Paradise
6. County Unincorporated
TOTAL
ORDINANCES.
ESTIMATED NO. OF ABANDONED VEHICLES
200
4000
250
5000
5000
15000
29,450
Each of the participating agencies have in place ordinances establishing
procedures for the abatement, removal, and disposal, as public nuisances, of
abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof from
private or public property, including highways, in accordance with the
requirements of sections 22660 and 22661 of the Vehicle Code. This includes
ordinances developed for recovery pursuant to sections 25845, 38773.5 or 54988
of the Government Code. These ordinances are on file with the Service Authority,
the California Highway Patrol, and the State Controller's Office. Annex C
contains the ordinances of the member agencies.
DISPOSAL AND ENFORCEMENT.
Each of the participating agencies have abandoned vehicle abatement processing
formats or Standard Operating Procedures in place for the enforcement of Vehicle
Code Section 22523, subdivisions (a) and (b). Statutory authority for the removal,
of abandoned vehicles is Vehicle Code Section 22669, as well as local ordinances
adopted for the removal and disposal as public nuisances of abandoned, wrecked,
dismantled, or inoperative vehicles or parts thereof from private or public
property.
The Authority will contract with the cities and County to use any of the following
procedures to correct or secure compliance with the abandoned vehicle plan for .
the Authority. Annex D contains the agreements between the member agencies
and the Authority.
1. Those procedures may include.
a. Initial Enforcement Action.
b. Abandoned Vehicle Abatement.
C. Citation.
d. Injunction.
e. Nuisance Abatement.
f. Permit Revocation.
3
2. Initial Enforcement Action is defined as using whatever means necessary
to encourage the voluntary correction of an abandoned vehicle violation so
that other enforcement measures may be avoided by the Authority.
This may include a notice to responsible parties of the following:
a. Explanation of the nature of the violations and any actions which
the property owner and/or registered owner of the vehicle must
take to correct the violations.
b. A time limit for correction of the violation pursuant to Section
22523 of the Vehicle Code and/or local abandoned vehicle
ordinances.
C. A statement that any member of the Authority intends to charge
the property owner for all administrative costs associated with the
abatement.of a vehicle.
3. A time line may be established that requires an abandoned vehicle
violation, identified by a member of the Authority, to be corrected within a
certain prescribed number of days. That time line may be extended by an
Authority member if it appears likely that the responsible party will
correct the violation within a reasonable time.
4. Abandoned Vehicle Abatement:
a. Each Authority member shall employ the procedures set forth in
the California Vehicle Code and/or any local ordinances to remove
abandoned vehicles from public and/or private property and secure
their proper disposal.
b. Authority members may under authorization of the California.
Vehicle Code or local ordinance issue a citation to any person who
violates these codes or ordinances. Issuance of a citation and
penalties for the violation shall be pursuant to the California
Vehicle Code and/or local ordinance.
C. Authority members may initiate proceedings to secure injunctive
relief to determine an abandoned vehicle violation as designated by
local ordinance.
d. Authority members may employ, under State law or local
ordinance, abatement of an abandoned vehicle as a nuisance as
defined below:
1. Any condition declared by State law or local ordinance to
be a nuisance.
2. Any public nuisance known at common law or equity.
4
3. Any condition dangerous to human life, unsafe or
detrimental to the public health and safety.
The Authority members may initiate proceedings to revoke'the
approval of any land use permit issued in a case where a use of that
land has been established or is conducted in a manner which fails
to observe a condition of approval that will lead to the
accumulation of abandoned. vehicles.
G. DISPOSAL OF ABANDONED VEHICLES.
Each Authority member will, after finding that a vehicle or parts thereof are in
violation, cause the vehicle or parts to be disposed of by removal to a scrapyard
for processing as scrap, or other final disposition consistent with State law or local
ordinance. In accordance with Vehicle Code sections 22671 and 22851.3, each
member may contract with one or more licensed auto dismantlers and/or qualified
tow companies for the removal and disposal of abandoned vehicles and may
employ such contractors for the abatement, removal and disposal as public
nuisances of. abandoned, wrecked, dismantled, or inoperative vehicles or parts
thereof from private or public property. Abated vehicles or parts thereof shall be
disposed of by removal to a dismantler or to a scrapyard for processing as scrap,
unless the vehicle qualifies for restoration pursuant to Section 5004 of the Vehicle
Code.
H. COST RECOVERY STRATEGY.
Participating agencies shall utilize the provisions of Section 22523 of the Vehicle
Code to effect partial recovery of costs incurred in the removal of an abandoned
vehicle. Additionally, member cities have enacted ordinances relative to recovery
in accordance with Sections 25845 or 38773.5 or 54988 of the Government Code.
It is the intent of the abandoned vehicle abatement participants to recover the cost
of abandoned vehicle abatement activities from the Service Authority.
Definition of Costs Recoverable from the Service Authority.
These are costs that include actual costs of vehicle removal, storage and
disposal; and staff time reasonably expended and related to abandoned
vehicle abatement cases where no permit is required, for items including
but not limited to: investigation, site inspection, monitoring, reports,
telephone contacts, correspondence, meetings with affected parties,
supervision of investigative efforts, and computer time.
2. Cost Accounting and Recovery Required.
Each Authority member will maintain records of costs incurred in
enforcement of the abandoned vehicle abatement program and attempt .
recovery of these costs. Staff time shall be calculated at an hourly rate as
established by that member.
Method of Recovery.
As governed by existing State law, methods may include but are not
restricted to release fees, citation, liening the vehicle and/or property
owner, imposing a special assessment on real property, towing'fees:
4. Audit.
The Service Authority and their jurisdictions shall conduct annual audits
to ensure that funds are being spent in compliance with Sections 9250.7
and 22710 of the Vehicle Code. Audits may be performed by the city or
county auditor/controller or shall be contracted with a certified public
accountant or public accountant pursuant to Section 6505 of the
Government Code, to make an annual audit of the accounts and records of'
every agency or entity.
I. CONTRACTUAL AGREEMENTS.
Authority members may employ contractors for the abatement, removal and
disposal, as a public nuisance, of abandoned, wrecked, dismantled or inoperative
vehicles or parts thereof from private or public property.
J. APPROPRIATE FISCAL CONTROLS.
The Authority Board of Directors shall adopt an annual budget and shall set
appropriate revenue amounts to be earmarked to each participating member
agency. These amounts are to be based on the total revenue to be realized,
including interest, by the annual assessment of $1.00 per registered vehicle in the
County. These amounts will be less those costs for contracted services that the
Service Authority might incur. Furthermore, the administrative costs of the
California Department of Motor Vehicles and State Controller's office will be
debited prior to distribution.
Each member agency shall account for funds received from the Authority using
generally accepted accounting principles (GAAP). Each agency shall maintain
records identifying the total number of vehicles or parts thereof abated.
1. Disbursement of Funds:
(a) The money received by a Service Authority pursuant to Section 9250.7
of the Vehicle Code shall be distributed to the cities and the county for
their use in accordance with Section 22710 (d)(5) of the Vehicle Code.
(b) The funds will be disbursed quarterly, as received, and based upon the
percentage of vehicles abated by the agency of the total number of
abandoned vehicles abated by all agencies that are members of the
Service Authority.
(c) The quarterly disbursement of funds to each participating jurisdiction
shall be based on the fiscal year beginning in July.
(d) The Treasurer of the Service Authority will receive any funds
distributed to the.Service Authority by the State Controller and shall
disburse said funds; including interest thereon, less any expenses
resulting from contractual agreements to conduct audits, to each
member jurisdiction as authorized by the board and by the terms of the
this Plan and the Joint Powers Agreement.
(e) Any funds received by the Service Authority that are not expended to
abate abandoned vehicles pursuant to an approved Abandoned Vehicle
Abatement Program within 90 days of the close of the fiscal year in
which the funds were received, shall be returned to the State
Controller's Office (SCO) for deposit in the Motor Vehicle Account
in the State Transportation Fund.
2. Major Purchases.
Major purchases exceeding $2,500 require prior approval from the Authority.
Requests shall include a detailed justification. When evaluating a request, the
Authority shall ensure the funds are being expended in accordance with Section
22710 of the Vehicle Code and are justified expenses for the benefit of the
Abandoned Vehicle Abatement Program. For major purchases which will be
utilized by other programs, the Abandoned Vehicle Abatement monies will be
approved based on the percentage of estimated usage by the Abandoned Vehicle
Abatement Program. .
K. REPORTING REQUIREMENTS.
In order to meet its obligation, the State Controller's Office requests that each
Service Authority, established pursuant to Vehicle Code sections 9250:7 and
22710, submit on an annual basis, data required by Vehicle Code section 9250.7,
subdivision (c).
Member Agencies.
The member agencies shall provide annual reports in a format similar to that
contained in Appendix 3 to Annex E, of this Plan. Appendix 3 to Annex E.
contained in this Plan, is a draft form provided by the State Controller's Office.
When a final format for the annual report is adopted by the State Controller's
Office, that form will be used for the annual report by the member agencies. This
report is due at the Butte County Development Services Department no later than
July 31 each year. Failure to submit a report by July 31 will result in that member
agency being ineligible for funds for that year, unless the deadline of July 31 is
waived by the Board of Directors.
Authority Reports to the State Controller's Office.
The Authority will generate and submit to the State .Controller's Office the reports
required by Vehicle Code section 9250.7, subdivision (c). The report shall be on
a form similar to the draft form provided by the State Controller's Office and
shown in Appendix 4 to Appendix E of this Plan. When a final form is adopted by
the State Controller's Office, that form will be used. The annual report will be
submitted to the State Controller's Office no later than October 31 each year. The
report shall contain the following information:
1. .The total revenues received by the service authority for the previous
fiscal `year.
2. The total expenditures by the. service authority for the previous fiscal
year.
3. The total number of vehicles abated during the previous fiscal year.
4. The average cost per abatement during the previous fiscal year.
5. Any additional, unexpended fee revenues for the service authority for
the previous fiscal year.
L. ASSESSMENT bF THE PROGRAM.
The Authority Board of Directors will issue,a report annually on the effectiveness
of the Authority.
M. UPDATES TO ANNEXES.
On occasion, events may occur that require revisions to the annexes contained
herein. When such revisions are necessary, they will be forwarded to the CHP.
Service Authority Board approval will not be required for updates to the annexes.
N. UPDATES TO THE.AUTHORITY PLAN.
On occasion, events may occur that require revision to the Authority Plan. When
a revision is necessary, the revised Plan will be submitted to the Board of
Directors of the Authority for review and approval prior to submission to the
CHP.
GAdocumen6vehicle plan
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