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
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Exhibit B
Budget Detail and Payment Provisions
1
Exhibit C "
General Terms and Conditions
04/2017
Exhibit D
Special Terms and Conditions
1
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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 /
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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.