1978-1004_ORANGE, COUNTY OF_Agreement. �- • • CITY COPY
A G R E E M E N T
# 147808
THIS AGREEMENT, made and entered into this 4th day of
October
1978, at San Juan Capistrano, County of Orange, State
of California, by and between the CITY OF SAN JUAN CAPISTRANO, and
COUNTY OF ORANGE, hereinafter called the Contractor.
WITNESSETH:
That the Contractor for and in consideration of the covenants,
conditions, agreements, and stipulations of the City herein expressed,
does hereby agree to furnish to the City services and materials as
follows:
Article I - Statement of Work
A. Contractor shall by and through its Sheriff's Department,
assist City's Department of Public Works in the performance of a
survey of the City's current pedestrian, bicycle, and facilities for
the handicapped. This survey will include the identification of
problem areas within the City by utilizing time-lapse photography,
aerial photographs and accident records.
B. Contractor shall, in addition, assist in the development
of an educational safety program to be presented to school -aged
children, senior citizens, handicapped groups and any other interested
groups, with the intent of reducing auto -bicycle and auto -pedestrian
accidents.
0 0
Article II - Costs
A. Upon the satisfactory completion of the aforesaid "work"
Contractor shall be paid a lump sum of $1,426.00, which shall include
salary, fringe benefits, overhead, profit and all other expenses
computed on the following criteria:
1. One Traffic Officer (Deputy Sheriff II) at $9.67 per hour,
which shall include 5.998 for department overhead costs and
8.318 for County general overhead costs.
2. Actual travel expenses incurred in the performance of this
work at the rate of $0.35 per mile.
Article IV - Method of Payment
The Contractor will be reimbursed for costs incurred in the
performance hereof as are allowable under the provisions of Part I-15
of the Federal Procurement Regulations.
Consultant shall be reimbursed quarterly in arrears based upon
the estimated percentage of work completed. Consultant shall submit
invoices in triplicate and -addressed to the City's Director of Public
Works.
Article V - Subcontractinq
Contractor shall not be permitted to subcontract any portion
of this contract without the express written consent of the City's
Director of Public Works.
Article VI - Completion Date
This contract shall be completed on or before September 30, 1979.
Article VII - Proiect Inspection
The Office of Traffic Safety, the National Highway Traffic
Safety Administration, the Federal Highway Administration, and the
City's Director of Public Works may review and inspect the Contractor's
activities during the progress of the program.
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Article VIII - Accounting Records
Contractor must maintain accounting records and other evidence
pertaining to costs incurred which records and documents shall be
kept available at the Contractor's office during the contract period
and thereafter for three years from the date of final payment of
Federal funds hereunder.
Article XI - Ownership of Data
All data, maps, photographs, and other material collected or
prepared under the contract shall become the joint property of the
City and the Office of Traffic Safety.
Article X - Contract Termination
This contract may be terminated at any time for breach;
furthermore, City may terminate unilaterally and without cause upon
thirty days written notice to the Contractor. All work performed
pursuant to the contract and prior to the date of termination may be
claimed for reimbursement.
Article XI - Assignability
Contractor shall not assign or transfer interest in this
contract without the prior written consent of the City's Director of
Public Works and the Office of Traffic Safety.
Article XII - Amendment
It is mutually understood and agreed that no alteration or
variation of the terms of this contract, or any subcontract requiring
the approval of the City's Director of Public Works and/or the Office
of Traffic Safety, shall be valid unless made in writing, signed by
the parties hereto, and approved by all necessary parties.
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Article XIII - Non -Solicitation
"The Contractor warrants that he has not employed or retained
any company or persons, other than a bona fide employee work-
ing solely for the Contractor to solicit or secure this con-
tract and that he has not paid or agreed to pay any company
or persons, other than a bona fide employee working solely for
the consultant, any fee, commission, percentage, brokerage
fee, gifts, or any other consideration, contingent upon or
resulting from the award or making of this contract. For
breach or violation of this warranty, the State shall have
the right to annul this contract without liability, or, in its
discretion to deduct from the contract price or consideration,
or otherwise recover, the full amount of such fee, commission,
percentage, brokerage fee, gift, or contingent fee."
Article XIV - Equal Opportunity Assurance
During the performance of this contract, the Contractor agrees
as follows:
a. The Contractor will not discriminate against any employee
or applicant for employment because of race, sex, creed, color
or national origin. The Contractor will take affirmative
action to ensure that applicants are employed, and that employees
are treated during employment without regard to their race, sex,
creed, color or national origin. Such action shall include but
not be limited to the following: Employment, upgrading,
demotion or transfer; recruitment or recruitment advertising;
layoffs or termination; rates of pay or other forms of compen-
sation; and selection for training, including apprenticeship.
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E
The Contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices setting
forth the provisions of this non-discrimination clause.
b. The Contractor will, in all solicitations or advertise-
ments for employees placed by or on behalf of the Contractor,
state that all qualified applicants will receive consideration
for employment without regard to race, sex, creed, color or
national origin.
C. The Contractor will send to each labor union or repre-
sentative of workers with which he has a collective bargaining
agreement or contract or understanding, a notice advising the
labor union or worker's representative of the Contractor's
commitments under this nondiscrimination clause and shall post
copies of the notice in conspicuous places available to
employees and applicants for employment.
d. The Contractor will permit access to his books, records,
and accounts by the applicant agency, the State, the Federal
Highway Administration and/or the National Highway Traffic
Safety Administration for purposes of investigation to ascertain
compliance with this nondiscrimination cluase.
e. In the event of the Contractor's noncompliance with the
nondiscrimination clauses of this contract, this contract may
be cancelled, terminated or suspended in whole or in part.
MM
I
COST PRICE PROPOSAL
DIRECT LABOR
HOURS
RATE
TOTAL
One Traffic Officer
96@
$9.67/hr
$928.32
(Deputy Sheriff II)
$
928.32
EMPLOYEE BENEFITS
Retirement
15.30 %
Worker's Compensation
2.90 %
Medical Insurance
.4615 %
$
213.25
COST
DIRECT COSTS
QUANTITY
PER UNIT
TOTAL
Services & Supplies
50 M per day,
$0.35
$210.00
X 12 days
$
210.00
INDIRECT COSTS
Department Overhead rate
5.99 %
$
132.75
County Overhead rate
8.31 %
$
TOTAL COST
$1,484.32
am
ATTEST:
Mary A Hanover, City Clerk
APPROVED AT TO FORM:
OAMES S. OKAZAKI, CIATTORNEY
CITY OF SAN JUAN CAPISTRANO
By !,
KENNETH E. FRIESS, MAYOR
C"R"N, BOARD OF
By SUPERVISORS
Dated....aJ...z .I1..%......._ ..� _
-7-
MINUTES OF THE BOARD OF SUPERVISORS
OF ORANGE COUNTY, CALIFORNIA
October 31, 1978
IN RE: AMENDMENT TO AGREEMENT HOUSING AND COMMUNITY DEVELOPMENT
PUBLIC IMPROVEMENTS CITY OF YORBA LINDA
On motion of Supervisor Clark, duly seconded and unanimously
carried, the .Chairman and the Clerk are authorized to sign the Community
Development Block Grant Program Amendment to Agreement dated October 31,
1978, to the agreement dated August 29, 1978, between the County of
Orange and the City of Yorba Linda for public improvements.
IN RE: AGREEMENT TRAFFIC SAFETY CITY OF SAN JUAN CAPISTRANO
On motion of Supervisor Clark, duly seconded and unanimously
carried, the Chairman is authorized to sign the Agreement, dated
October 31, 1978, between the County of Orange and the City of San Juan
Capistrano providing for the Sheriff -Coroner Department to compile a
survey of current pedestrian, bicycle, and handicapped facilities, as
referenced in the grant award from the Office of Traffic Safety.
(C_F�S)F1013 2.3 (12/16)
0
STATE OF CALIFORNIA—BUSINESS AND TRANSPORTATION AGENCY EDMUND G. BROWN 1R., Gore rnor
OFFICE OF TRAFFIC SAFETY
7000 FRANKLIN BLVD„ SUITE 730 �~ �- �j r ' 1
SACRAMENTO, CA 95821
OCT[ f ?ll�fl�
October 14, 1981 Project 147808
Mr. W. D. Murphy
Director of Public Works
City of. San Juan Capistrano
32400 Pasio Adelanto
San Juan Capistrano, CA 92675
Dear Mr. Murphy:
The attached final audit report dated September 23,
1981 disclosed various discrepancies resulting in
a net overclaim of $221.23.
If you are in agreement with audit report it will
be necessary to si(In and return the enclosed
credit claim invoice together with a refund warrant
in the amount of $221.23.
Should you desire to rebut the exceptions, forward
to this office by November 15, 1981 any documentation
necessary to support reconsideration of the
disallowed costs.
Sincerely,
Original signed by
Donald P. Costen
DONALD P. COSTAN
Administrative Officer
(916) 445-0527
WHJ:knl
cc: NHTSA
FHWA /
K.E. Friess, Mayor V
F.P. Hale, Director
Administrative Services
Fiscal
Audit.
•
FINAL AUDIT
Project #147808
•
City of San Juan Capistrano
August 17, 1981
OTS -22 (Rev 10/80)
State of California
Memorandum
0
To Thomas A. Lankard, Director
Office of Traffic Safety
From . Business and Transportation Agency
Office of Traffic Safety, Administration
7000 Franklin Blvd., Suite 330, Sacramento 95823 (916) 445-0527
01
Date
Subject:
September 23, 1981
Final Audit
Project 147808
On August 17, 1981, I examined the records of the City of San Juan
Capistrano for this project.
This City Accident Reduction Through Education project was approved
by the California Office of Traffic Safety under the Federal iii;h-
way Safety Grant Program.
My audit disclosed: That personnel costs exceed the budgeted
amount by $974.05, however there is a surplus in other budgeted
categories, allowance of these costs is subject to OTS management
approval. Contract costs claimed are supported and allowable.
$221.83 of Other Direct Costs is not supported and therefore not
allowable.
I reviewed the accounting records supporting the Final Claim. Ex-
penditures reported for the period 9/1/78 - 9/30/79 were $17,320.69.
My examination was made in accordance with generally accepted
auditing standards and included all verifications considered neces-
sary in the circumstances, including, but not limited to, invoices,
requisitions, purchase orders, and paid warrants.
As a part of the examination, I determined the eligibility for
reimbursement of reported expenditures pursuant to Federal and
State regulatiiooQns.
APPROVED BY:
JOHi� G. BESSLER
Auditor
JGB:jn
Attachments
CC: FHWA
W. D. Murphy
Kenneth E. Friess�
E. Phillip Hale
Fiscal
Audits
CHAS. R. E T R
Administrative Officer
YIA U ASA
Grant Program Manager
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September 18, 1978
Mr. W. D. Murphy
Director of Public Works
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92676
Dear Mr. Murphy:
0
In reply, refer to
Project No. 147808
Because funds are allocated to your traffic safety project on a
fiscal year basis, a revision of the grant agreement will be
necessary to continue the project into the 1978-79 fiscal year.
The revision which will be initiated by the Office of Traffic
Safety, will reflect the exact amount expended through
September 30, 1978 and the amount to be obligated for the 1978-79
fiscal year, starting October 1.
In order for us to accomplish this revision as soon as possible
it is requested that you forward your claim for all costs incurred
through September 30, 1978 as soon as the costs are recorded in
your accounting system.
This letter authorizes you to continue project activities until
the September 30 claim is received and the grant agreement is
revised.
If you have any questions, please contact me at (916) 445-9734.
Sincerely,
original eir ed by
AA U-ILn13 Trottel
D. ARNOLD TROTTER
Regional Coordinator
cc: Honorable Kenneth E
cda
rm
Ic
1
Frieas
.m
AGENDA ITEM
0 0
October 4, 1978
TO: James S. Mocalis, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Agreement With Orange County Sheriff's Department
Regarding Traffic Safety Grant
CTMT1AMTnU
Subsequent to the approval by City Council and the acceptance by
the Office of Traffic Safety, and according to the conditions and
design stated in the project application, a contract with any
agency with whom the City procures services needs to be adopted.
The attached contract fulfills this requirement.
Financial Considerations
Monetary reimbursement of funds were established as part of the
grant. The City will experience, therefore, financial liability
with the acceptance of this contract.
Alternate Actions
1. Adopt the contract for services with the Orange County Sheriff's
Department and authorize the Mayor to execute the agreement.
2. Do not approve the contract.
3. Request further study by staff.
RECOMMENDATION
By motion, approve the contract for services with the Orange County
Sheriff's Department and authorize the Mayor to execute the agreement.
Respectfully submitted,
W. D. Murphy
WDM:CF/rem
Encl.
FOR CITY COUNCIL AGENDA
�S