Exhibit “C” to Policy
AUTOMOBILE ALLOWANCE AGREEMENT BETWEEN THE
CITY OF MANTECA AND ___________________
R E C I T A L S
A. The City of Manteca (“City”) takes its stewardship over the use of its limited public resources seriously. Periodically, the City Council has adopted ordinances, resolutions, and policies relating to expenses actually and necessarily incurred by public officials in connection with their official duties on City business. In full compliance with the state statute commonly known as AB 1234 (codified, in relevant part, at Government Code Sections 53232.2 and 53233.3), the Council adopted a Travel/Expense Reimbursement Policy and Procedure (“Policy”) establishing a policy and guidelines regarding business reimbursement for City officials.
B. The Policy and applicable state law specifically recognize that public officials incur transportation expenses while: discussing the community’s concerns with state and federal officials; participating in local, regional, state and national organizations whose activities affect the City; attending educational seminars designed to improve officials’ skill and information levels; attending meetings that benefit the City; and meeting with residents, members of the business community and other persons on matters important to the City.
C. Pursuant to the Policy, vehicle mileage is reimbursed at IRS rates in effect at the time the expense is incurred. Government Code Section 1223 and the Policy provide that the mayor and each councilmember may contract with the City for a vehicle allowance for the use of vehicles owned or rented and used by the mayor or councilmember in the performance of official duty. In February 2010, the state Attorney General opined that Government Code Section 1223 permits cities to provide a vehicle allowance to its city council members (A.G. Opinion No. 08-405 (February 18, 2010).
D. ____________ (“Official”) would like to contract with the City for a vehicle allowance for the use of vehicles owned, rented and used by Official in the performance of official duty.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Official agree as follows:
1. Vehicle Allowance.
a. City shall provide to Official a monthly vehicle allowance of $300.00. Such amount is designed to reimburse Official for all typical costs associated with Official’s use of vehicles for City business, including but not limited to all applicable costs of vehicle liability insurance, maintenance, operating expenses, depreciation and interest, and costs associated with rental vehicles. b. Official shall not be eligible for reimbursement pursuant to section 2.10(a) of the Policy for the first 100 miles of any trip. For purposes of the Policy and this ATTACHMENT 5
Exhibit “C” to Policy
Agreement, a trip consists of the travel to and from a destination in the performance of City business.
c.b. Official shall maintain all licenses and records required by applicable California and federal law concerning use of vehicle(s).
2. General Provisions.
a. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it shall nevertheless remain in full force and effect in all other circumstances.
b. This Agreement shall be interpreted and construed pursuant to and in accordance with the laws of the State of California and all applicable City Codes, Ordinances and Resolutions.
Executed by the parties as of the date below at Manteca, California.
CITY OF MANTECA OFFICIAL
_______________________________
Toni Lundgren, Interim City Manager
___________________________________
Date: _____________________ Date: _____________________________ ATTEST:
_______________________________
Cassandra Candini-Tilton, City Clerk
APPROVED AS TO FORM:
___________________________
L. David Nefouse, City Attorney
ATTACHMENT 5