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HomeMy WebLinkAboutC-8108-3 - Grant Contract to accept the FY 2020-21 Grant Assistance Program (GAP)SCO ID: 2100-21 U 1506 STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT AGREEMENINUMBER PURCHASING AUTHORITY NUMBER (if Applicable) STD 213 (Rev. 04/2070) 21 -OTS -06 ABC -2100 1. This Agreement is entered into between the Contracting Agency and the Contractor named below: CONTRACTING AGENCY NAME Alcoholic Beverage Control CONTRACTOR NAME City of Newport Beach through the Newport Beach Police Department 2. The term of this Agreement is: START DATE October 1, 2020 THROUGH END DATE August 31, 2021 3. The maximum amount of this Agreement is: $17,500.00 Seventeen thousand five hundred dollars and no cents 4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement. Exhibits Title Pages ZIP 95834 Exhibit A Scope of Work 3 DATE SIGNFD % 7 / f � Exhibit B Budget Detail and Payment Provisions 1 Exhibit C " General Terms and Conditions 04/2017 Exhibit D Special Terms and Conditions 1 HEMS 5170Wrl Willi Url us(ensK i /, urr IICiCVY irILVrfJUIurCu VY I Ci Cr CI,IC unu u,uuc Nu, t u, u w uy, cu i ru i ,wa .•u.. �• •._.. • •�•. These documents can be viewed at https://www.das.co.gov/OLS/Resources IN WITNESS WHEREOF, THIS AGREEMENT NAS BEEN EXECUTED BY THE PARTIES HERETO. CONTRACTOR CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Newport Beach through the Newport Beach Police Department CONTRACTOR BUSINESS ADDRESS CITY IIAII ZIP 870 Santa Barbara Drive Newport Beach CA 92660 PRINTED NAME OF PERSON SIGNING TIT[ F Jon Lewis Chief of Police CONTRACTOR AUTHORISED SIGNAR ME I DATE SIGNED STATE OF CALIFORNIA CONTRACTING AGENCY NAME Alcoholic Beverage Control CONTRACTING AGENCY ADDRESS 3927 Lennane Drive, #100 CITY Sacramento STATE CA ZIP 95834 PRINTED NAMLOF PERSON SIGNING Pattye Nelson 111LE Chief, Business Management Branch CONTRAC IG AUTHORIZED SIGNATURE DATE SIGNFD % 7 / f � CALIFORNIIA DEP A ENT OF GENERAL SERVICES APPROVAL EXEMPTION (If Applicable) Paqe 1 of 1 Agreement Number: 21 -OTS -06 City of Newport Beach through the Newport Beach Police Department Page 1 of 3 EXHIBIT A SCOPE OF WORK I. PROJECT REPRESENTATIVES The project representatives during the term of this agreement will be: Newport Beach Police Department Wendy Joe 870 Santa Barbara Drive Newport Beach, CA 92660 (949) 644-3705 wjoe(a)nbpd.orq Direct all fiscal inquiries to: Newport Beach Police Department Lisa Newman 870 Santa Barbara Drive Newport Beach, CA 92660 (949) 644-3655 Inewman(a-)_nbPd.org II. SCOPE OF WORK Department of Alcoholic Beverage Control Diana Fouts-Guter, Grant Coordinator 3927 Lennane Drive, Suite 100 Sacramento, CA 95834 (916) 928-9807 Diana.fouts-guter@abc.ca.gov Department of Alcoholic Beverage Control Kristine Okino, Fiscal Grant Analyst 3927 Lennane Drive, Suite 100 Sacramento, CA 95834 (916) 419-2572 Kristine.okino@abc.ca.gov • Contractor agrees to implement the Department of Alcoholic Beverage Control programs as listed: o Minor Decoy operations o Shoulder Tap operations o Informed Merchants Preventing Alcohol -Related Crime Tendencies (IMPACT) Inspections This agreement is for overtime compensation only. • The project is targeted to reduce underage drinking and the resultant DUI driving injuries and fatalities, and/or property damages, reduce youth access to alcoholic beverages through the education of licensee, enforcement intervention and the impressions of omnipresence of law enforcement. • In addition, Contractor agrees to the following goals: o The operation period of the grant is October 1, 2020 through August 31, 2021. o Contractor agrees to raise public awareness that selling, serving and/or furnishing alcoholic beverages to individuals under twenty-one years old is a criminal violation that will be prosecuted by local city and district attorneys. Agreement Number: 21 -OTS -06 City of Newport Beach through the Newport Beach Police Department Page 2 of 3 o Minor Decoy operations are designed to educate and deter licensed locations from selling/furnishing alcohol to minors. Contractor agrees to conduct Minor Decoy Operations at both "On -Sale" and "Off -Sale" licensed establishments within the operation period of the grant. o Shoulder Tap operations are used to detect and deter adult furnishers outside of a licensed business. Contractor agrees to conduct Shoulder Tap Operations at "Off -Sale" licensed locations to apprehend adults that are unaffiliated with the licensed businesses and who are purchasing alcohol for minors outside of the stores within the operation period of the grant. o Informed Merchants Preventing Alcohol -Related Crime Tendencies (IMPACT) primary goal is to educate licensee's on alcohol related laws to help reduce alcohol-related crime in and around licensed premises. Contractor agrees to conduct visits and inspections of licensed premises identifying areas of non-compliance at "On -Sale" and "Off -Sale" licensed locations within the operation period of the grant. o Contractor agrees to establish and implement a coordinated effort between Contractor and ABC, and acknowledges no operations will be conducted until after the Contractor's representative has completed training conducted by ABC. o Contractor agrees to issue press releases as follows: 1. To announce the start of the program; 2. At the conclusion of each Minor Decoy Operation has been held (to announce the number of licensed premises who sold to the minor decoy) 3. At the conclusion of each Shoulder Tap Operation has been held (to announce the number of adults arrested for purchasing alcoholic beverages for the decoy). 4. At the conclusion of each IMPACT operation has been held o Contractor will fax (916) 419-2599 or email each press release to the Department's Public Information Officer (John.carrQabc.ca.gov) as soon as it is released. o Contractor agrees in all press releases, in addition to any credits the agency wishes to give, will include the following statement: "This project is part of the Department of Alcoholic Beverage Control's Minor Decoy/Shoulder Tap Grant Project, funded by the California Office of Traffic Safety through the National Highway Traffic Safety Administration. o Contractor agrees to complete and submit bi-monthly reports, on a format designed by the Department of Alcoholic Beverage Control due no later than 15 days after operations conducted: On or before January 15, 2021 (with results of operations October, November & December 2020) On or before March 15, 2021 (with results of operations January & February 2021) On or before May 15, 2021 (with results of operations March & April 2021) On or before July 15, 2021 (with results of operations May & June 2021) On or before September 15, 2021 (with results of operations July & August 2021) o Contractor agrees to submit an Executive Summary as part of the final report due on or before September 15, 2021. The summary shall contain the following: 1. An evaluation statement concerning the end product and cost benefits; and a listing of recommended and/or adopted policy or procedure changes, if any, occurring as a result of the project. Agreement Number: 21 -OTS -06 City of Newport Beach through the Newport Beach Police Department Page 3 of 3 2. Project personnel identifying the key personnel who worked on the project, together with their job classification, and a brief description of their contribution. 3. Problems — describe any operational or cost problems that were encountered in project implementation. If known, state alternative methods that would have avoided the problem and increased the effectiveness of the project. 4. Results — describe the results of the project in terms of meeting the original objectives as stated in the project agreement. Also, describe the results in terms of how they will be specifically applied for future improvement of the agency's continuing activities relating to alcohol problem prevention and enforcement. Where possible, describe estimated savings resulting from implementing project results. 5. Disclaimer — The final report shall include the following: "The opinions, findings, and conclusions expressed in this publication are those of the authors and not necessarily those of the State of California Business Consumer Services and Housing Agency, or the Department of Alcoholic Beverage Control." 6. Documentation — Attach any relevant documents developed. Examples are: new or revised forms, diagrams, management reports, photos, coding manuals, instructional manuals, etc. Agreement Number: 21 -OTS -06 City of Newport Beach through the Newport Beach Police Department Page 1 of 1 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS I. INVOICING AND PAYMENT • For services satisfactorily rendered and upon receipt and approval of the invoice, the Department of Alcoholic Beverage Control agrees to pay a bi-monthly payment of approved reimbursable costs per the Budget Detail of personnel overtime and benefits (actual cost). • Invoices shall clearly reference this contract number (21 -OTS -06) and must not exceed the contract total authorized amount of $17,500.00. Invoices are to be submitted on a bi-monthly basis, on the prescribed form designed by the Department of Alcoholic Beverage Control. Submit to: Department of Alcoholic Beverage Control Attn: Kristine Okino, Grants Fiscal Analyst 3927 Lennane Drive, Suite 100 Sacramento, California 95834 • Payment shall be made in arrears within 30 days from the receipt of an undisputed invoice. • Contractor understands in order to be eligible for reimbursement; cost must be incurred on or after the effective date of the project, October 1, 2020 and on or before the project termination date, August 31, 2021. • Contractor understands any other costs incurred by Contractor, other than attendance at initial training and/or personnel overtime and benefits as authorized above, in the performance of this agreement are the sole responsibility of Contractor. II. BUDGET CONTINGENCY CLAUSE • It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement. • If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount. III. PROMPT PAYMENT CLAUSE • Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. Agreement Number: 21 -OTS -06 City of Newport Beach through the Newport Beach Police Department Page 1 of 1 EXHIBIT D SPECIAL TERMS AND CONDITIONS Disputes: Any disputes concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Director, Department of Alcoholic Beverage Control, or designee, who shall reduce his decision in writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Department shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the State a written appeal addressed to the Director of the Department of Alcoholic Beverage Control. The decision of the Director of Alcoholic Beverage Control or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, Contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the State. 2. Cancellation/Termination: This agreement may be cancelled or terminated without cause by either party by giving thirty (30) calendar days advance written notice to the other party. Such notification shall state the effective date of termination or cancellation and include any final performance and/or payment/invoicing instructions/requirements. No penalty shall accrue to either party because of contract termination. 3. Contractor Certifications: By signing this agreement, Contractor certifies compliance with the provisions of CCC 04/2017, Standard Contractor Certification Clauses. This document may be viewed at: htt s://www.d s.ca. ov/OLS/Resources/Pa e-Content/Office-of-Le al-Services- Resources-List-Folder/Standard-Contract-Language 4. If the State determines that the grant project is not achieving its goals and objectives on schedule, funding may be reduced by the State to reflect this lower level of project activity.