HomeMy WebLinkAbout55A - RESO - ABC FUNDSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 7, 2015
TITLE:
RESOLUTION AND APPROPRIATION
ADJUSTMENT ACCEPTING
DEPARTMENT OF ALCOHOLIC
BEVERAGE CONTROL FUNDS
{STRATEGIC PLAN NO. 1, 313}
1
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
F.W112004f
❑ As Recommended
❑
As Amended
❑
Ordinance on 1't Reading
❑
Ordinance on 2"d Reading
❑
Implementing Resolution
❑
Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Approve an appropriation adjustment recognizing $99,500 in Department of Alcoholic
Beverage Control Grant funds in the grant revenue account and appropriate same to the
grant expenditure account.
2. Adopt a resolution authorizing the City Manager to enter into a one -year agreement with
the Department of Alcoholic Beverage Control (ABC), and execute any assurances and /or
documents required for said agreement for the purpose of financing the ABC Grant
Assistance Program (GAP).
3. Authorize the City Manager and Clerk of the Council to execute the attached one -year
agreement with the Department of Alcoholic Beverage Control (ABC) to fund the ABC
Grant program, for the period of July 1, 2015 through June 30, 2016, for an amount not
exceed $99,500, subject to non - substantive changes approved by the City Manager and
City Attorney.
DISCUSSION
The Santa Ana Police Department was successful in obtaining a FY 2015 -16 Department of
Alcoholic Beverage Control (ABC) Grant Assistance Program (GAP) grant to mitigate alcohol
related crime and provide a safer environment in the areas around licensed establishments. The
City of Santa Ana has 397 active retail licenses issued by the Department of Alcoholic Beverage
Control (ABC). The funds provided by the grant will allow the Santa Ana PD to accomplish the
following goals:
1. Reduce the number of alcohol related crimes within the City
2. Identify and successfully prosecute ABC licensed establishments that violate the law
3. Provide a safer environment in the areas around licensed establishments for residents
and visitors
4. Reduce the demand on limited resources caused by alcohol related incidents throughout
the City 55A -1
Department of Alcoholic Beverage Control Grant
July 7, 2015
Page 2
These goals will be attained by working in conjunction with our local ABC office and conducting
programs that have proved successful in cities throughout California in deterring alcohol related
offenses. These programs will encompass working with ABC licensed establishments to educate
them on how to reduce alcohol related crimes at their place of business.
The grant will also provide funds for SAPD problem oriented policing officers to hold meetings
with neighborhood community groups in order to uncover possible problems related to ABC
licensed establishments and discuss enforcement strategies. The services funded by this grant
will be completed primarily by the SAPD Special Enforcement Team and will not affect normal
patrol functions.
The one -year agreement will commence on July 1, 2015 and end June 30, 2016. The $99,500
will be used for officer overtime ($92,500), training ($2,000), and operating materials and
supplies ($5,000).
STRATEGIC PLAN ALIGNMENT
Approval of these items assists the City in meeting Goal #1 Community Safety, Objective #3
(promote fiscal accountability to ensure financial responsibility at all levels of the organization),
Strategy B (promote ongoing efforts to obtain grant funding for activities that will assist in
preventing, enforcing and reducing criminal activity and traffic collisions).
FISCAL IMPACT
The appropriation adjustment will recognize $99,500 in Department of Alcoholic Beverage
Control Grant funds in revenue account (no. 12814002 52025), and appropriating same to
expenditure account (no. 12814415 - various), for the FY 2015 -16 fiscal year.
Exhibit 1: Resolution
2: Agreement
APPROVED AS TO FUNDS AND ACCOUNT:
Executive Director
Finance and Management Services Agency
55A -2
LR 7/8/15
RESOLUTION NO. 2015 -XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AUTHORIZING THE CITY MANAGER, AND
THE CHIEF OF POLICE OR HIS DESIGNEE TO OBTAIN
CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE
CONTROL GRANT FUNDS IN THE AMOUNT OF $99,500
AND TO EXECUTE AN AGREEMENT WITH THE
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
FOR USE OF THOSE FUNDS AND EXECUTE ANY
DOCUMENTS OR ASSURANCES NECESSARY FOR
OBTAINING THE GRANT FUNDS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The State of California Department of Alcoholic Beverage Control ( "ABC')
has a Grant Assistance Program ( "GAP ") for 2015 -2016. As part of the
GAP, local law enforcement agencies can submit enforcement plans and
request funding allocations under the GAP to assist with enforcement in
priority considerations, including but not limited to, service areas where
there is a high crime rate and /or an identifiable alcohol- related problems
associated with ABC licensed establishments and for agencies interested
in obtaining training on ABC education, prevention and enforcement
measures which can be carried out after the grant cycle has been
completed.
B. The Santa Ana Police Department submitted a grant application for
funding to reduce the number of alcohol related crimes within the City of
Santa Ana, identify and successfully prosecute ABC licensed
establishments that violate the law, provide a safer environment in the
areas around licensed establishments for residents and visitors, and
reduce the drain on limited resources caused by alcohol related incidents
throughout the City.
C. The City of Santa Ana has been allocated $99,500 in funds under the ABC
Grant Assistance Program for 2015 -2016.
Exhibit 1
Resolution No. 2015 -XXX
55A -3 Page 1 of 3
Section 2. The City Council of the City of Santa Ana hereby authorizes the
City Manager and Chief of Police or his designee, on terms acceptable to the City
Attorney, to execute an Agreement with the ABC for use of the 2015 -2016 GAP funds in
an amount not to exceed $99,500 and execute any other documents or assurances that
are necessary for obtaining the grant funds.
Section 3. The City Council of the City of Santa Ana hereby authorizes and
directs the City Manager and /or the Chief of Police or his designee, to prepare invoices
to ABC to recoup costs pursuant to the guidelines set forth in the Agreement, grant
conditions and terms.
Section 4. The City Council of the City of Santa Ana hereby approves an
Appropriation Adjustment recognizing the 2015 -2016 Alcoholic Beverage Control
Department Grant Assistance Program funds in the amount of $99,500 and
appropriates the same in the Alcoholic Beverage Control Department Grant Assistance
Program expenditure accounts.
Section 5. The City Council of the City of Santa Ana hereby agrees that any
liability arising out of the performance of the Agreement for ABC 2015 -2016 GAP funds
shall be the responsibility of the grant recipient and the authorizing agency. The City
Council recognizes that the State of California and ABC disclaim responsibility for such
liability.
Section 6. The City Council of the City of Santa Ana hereby agrees that the
grant funds under this Agreement shall not be used to supplant expenditures controlled
by this body.
Section 7. This Resolution shall take effect immediately upon its adoption by
the City Council and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this 7th day of July, 2015.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: Cx U t4 �(9t l i
Laura A. Rossini
Senior Assistant City Attorney
Miguel A. Pulido
Mayor
55A -4
Resolution No. 2015 -XXX
Page 2 of 3
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers
Councilmembers
Councilmembers
Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2015 -XXX to be the original resolution adopted by the City Council of the
City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
55A -5
Resolution No, 2015 -XXX
Page 3 of 3
'P�PM
=LM= ALEQ C(]NCWIMEFlSFRVICES Ado HtlIISMAU[gIf^.-`(.,, Ftlm adtl (3 9�owA ,fl' 4'Ayy=tpp(
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROLS
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
(916) 419 -2500 FAX (9 16) 419 -2599 .-
June 9, 2015
Chief Carlos Rojas
Santa Ana Police Department
60 Civic Center Plaza
Santa Ana, CA 92702
Subject: Grant Contract 15G -LA38
Dear Chief Rojas:
Enclosed are three (3) copies of the Standard Agreement STD 213 contract to be
entered into between the Department of Alcoholic Beverage Control and the Santa Ana
Police Department for the total amount of $99,500.
To help expedite processing, please ensure below items are completed before returning
documents,
1. Sign and return all three (3) copies to my attention. Each contract must have
an original signature.
2, A copy of your Governing Body's Resolution in acceptance of this funding,
3. Include your Federal Taxpayer's Identification Number here and
return this document with the signed STD213's.
After we receive the. above information from your agency, we will process the contract
package for approval. Upon approval, we will execute a fully signed contract for your
records.
If you have any questions, please feel free to me contact at (916) 419 - 2572,
Sincerely,
Suzanne Pascual
Grant Coordinator
Enclosures
Cc: Commander Ruben Ibarra, Project Director (enclosure not included)
Exhibit 2
55A -7
STATE OF CALIFORNIA !
STAODAF�D AGREEMENT
SID 213 (Rev 06(05) AGREEMENT NUMS'u-R
18G•LA38 _
REGISTRATION NUMSER
1. This Agreement Is entered into between the State Agency and the Contractor named below:
............. -- - -- _
STATE ACENCY'S NAME
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL.
CONrNACTOR'SNAME �-
I
City of Santa Ana through the Santa Ana Police Department
2, The term of this July 1, 2015 through June 30, 2016
Agreement Is:
3. The maximum amount $ 99,500
of this Agreement is:
4. The parties agreel to comply with the terms and conditions of the following exhibits which are by this reference made a
part of the Agreement,
Exhibit A — Scope of Work _ 4 page(a)
Exhibit B — Budget Detail and Payment Provisions 3 page(s)
Exhibit C* — General Terms and Conditions GTC 610
Check mark one item below as Exhibit D:
Exhibit - D Special Terms and Conditions (Attached hereto as part of this agreement) 1 page($)
Exhibit - D* Special Terms and Conditions
Exhibit E — Additional Provisions page(s)
Items shown with an Asterisk O, are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at tyrywdgs . ggvl ofs7Resources ISLgtidardContracthanauaaoas
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR
CONTRACTOR'S NAME (Ifother than an individual, state, . whether a corporation, partnership, atr,.)
Citv of Santa Ana throuah the Santa Ana Police Department
BY(Authariz aBn treJ '.�, a,ury /yejulun uqi y)wv
PRINTED NAME AND TITLE OF PERSON SIGNING
Carlos Rojas, Chief
ADDRESS
60 Civic Center Plaza
Santa Ana, CA 92702
STATE OF CALIFORNIA
AGENCY NAME
Department of Alcoholic Beverage Control
BY (AUthariZed Signature) DATE SIGNED(no nor Hype)
PRINT ED NAME AND TITLE OF PERSON SIGNING
Ed Jimenez, Assistant Director, Administration
ADDRESS
3927 U
4'm A � vt �
Laura A, Rossini
Senior Assistant City Attorney
to CA 95834
y •
California Department of General
Services Use Only
® Exempt per: SCM 4.04.(A)(3)
SCOPE OF WORK
Summary:
Exhibit A
The Santa Ana Police Department (SAPD) serves the City of Santa Ana which has a population of
approximately 334,000. The Department serves a densely populated community with a median age of 29,1
years old according to the 2010 Census. This is the youngest median age of any city over 250,000 people
in the state. Currently, our agency consists of 299 sworn officers, led by the Chief of Police, Carlos Rojas,
and three Deputy Chiefs, nine Commanders, 41 Sergeants, and 245 officers. We also operate our own 512
bed jail, staffed by 93 non -sworn correctional officers, The Department has four bureaus (Administration,
Investigations, Field Operations, and, Jail) and the Office of the Chief of Police, The City is divided in four
geographical districts (Northeast, Southeast, Southcoast, and Westend). We have a Special Enforcement
Team (SET) comprised of 18 officers that focuses on duality of life issues which includes dealing with
alcohol related crimes as well as narcotics, gang, and vice offenses.
The City of Santa Ana is 27.27 square miles located in an urban setting. According to the 2013 census, our
population of 334,000 is approximately 78% Hispanic, 9.2 %o White, 1.5 % Black, 1% American Indian, and
10.5% Asian; approximately 30.7% of our population is under l8 years of age and approximately 53.6% of
the population is between 18 and 65 years of age. Santa Ana is the County seat and second most populous
city in Orange County. The core of the city is the downtown area, which contains retail stores, restaurants,
bars and housing. This is also home to the Santa Ana Civic Center, which is a dense campus of
administrative buildings for the city, county of Orange, state, and federal agencies.
There are a total of 397 active retail licenses issued in Santa Ana by the California Department of
Alcoholic Beverage and Control (ABC). There are 168 off -sale licenses and 229 on -sale licenses issued to
establishments in our city by ABC.
In order to accomplish our goals and objectives, we are requesting $99,500 in grant funding. The funds
provided by the grant will allow the Santa Ana Police Department to accomplish the following goals:
1) Reduce the number of alcohol related crimes within the City of Santa Ana.
2) Identify and successfully prosecute ABC licensed establishments who violate the law.
3) Provide a safer environment in the areas around licensed establishments for residents and visitors.
4) Reduce the drain on limited resources caused by alcohol related incidents throughout the city,
These goads will be attained by completing the following objectives:
• Conduct at least 20 discretionary undercover enforcement operations at identified ABC licensed
establishments to enforce ABC violations and underage drinking.
• Conduct at least 5 MINOR DECOY programs at ABC licensed establishments.
• Conduct at least 3 roll call trainings to our patrol officers regarding ABC laws and how to enforce them.
• Coordinate and conduct 5 IMPACT (Informed Merchants Preventing Alcohol Related Crime
Tendencies) operations to educate 'licensees on how to reduce alcohol related crimes in their
establishments,
s Organize at least five (5) community meetings; hold an ask/answer session regarding possible problems
related to ABC licensed establishments. This will be done in conjunction with our regular neighborhood
meetings attended by problem oriented policing officers.
55A -9
Exhibit A
• Coordinate and conduct 10 "Trap Door" operations.
• Conduct 10 "Shoulder Tap" operations at ABC establishments identified as problematic.
• Schedule snd coordinate 2 LEADgrograrns throughout the city,
• Work alongside ABC agents to enforce alcohol related violations and successfidly prosecute those ABC
licensed establishments who operate outside the legal parameters.
Problem Statement:
Funding of this project will allow the Santa. Ana Police Department to address alcohol related concerns
throughout our city. There are 3 97 active retail licenses issued in Santa Ana by the California Department of
Alcoholic Beverage and Control (ABC). There are 168 off -sale licenses and 229 on -sale licenses issued to
establishments in oiu city by ABC. Several of these locations have become problem establishments and
generate multiple calls for service or have been alleged to sell alcohol to minors, We have assisted ABC
agents in our city as they enforce the law at several problematic bars. These problem establishments
identified by ABC agents, along with any other locations that are discovered to be in violation, will continue
to be the focus in the fight to reduce alcohol- related incidents, SAPD Special Enforcement Team (SET)
recently participated in the ABC state -wide "Shoulder Tap" operation in cooperation with our local ABC
agents. The Santa Ana Police Department regularly receives complaints from concerned citizens, business
owners, and others of alcohol related problems such as loitering, public intoxication, assaults, property
crimes, driving Linder the influence and alcohol related traffic collisions. Our intent is to use the ABC
funding to fight these types of alcohol related crimes which drain our resources and adversely affect our
residents. The number of calls for service in which the consumption of alcohol is often a contributing factor
is significant. The fellowhig are some calls for service statistics for January 201.4 through December 2014
that demonstrates the problem the City of Santa Ana is facing;
• Driving under the influence
1,650
e Drunk in public
1,774
Battery
1,404
• Assault
557
• Domestic Violence
4,905
• Subjects causing a disturbance
6,457
• Loud music
4,956
+ Family disturbance
1,873
• Loud party
1,864
Most ABC licensed establishments in our city are responsible and adhere to the law; however, there are
some which strain our limited resources clue to excessive calls for service. There are 6 ABC on -sale
licensed establishments that generated 237 calls for service daring 2014, which equates to approximately
one call for service every 1.5 days, The beginning of 2015 has not shown a decrease in activity as there was
a homicide at one of the identified locations.
There are also noticeable problems occurring at out ABC off -sale establishments that affect quality of life
issues of our residents, There have been and continue to be numerous complaints of minors both buying
and getting adults to buy them alcoholic beverages from many of our liquor stores. Due to staffing shortages
and limited overtime funds, we are unable to give this problem the attention it deserves. The Grant will be
used to enforce laws at ABC licensed establishments and combat alcohol related public violations in an
effort to peep our youth safe.
55A -10
Prefect Description:
Eyhibit A
If successful in obtaining the ABC grant, SAPD would implement the following plan.:
Conduct at least S MINOR DECOY programs at ABC licensed establishments, Funding will also be
utilized to conduct minor decoy operations at off-sale establishments within our city, These
establishments will be identified by SET officers who routinely have contact with community members
and can gather intelligence regarding illegal sales of alcohol to minors. The minor decoy operations
will be conducted with the assistance of ABC agents and within SAPD policy and procedure as well as
ABC guidelines pursuant to the California Code of Regulations, Tittle 4, Division 1, Section 141 (Minor
Decoy Requirements).
2. Conduct roll call training to our patrol officers regarding ABC laws and how to enforce their. SET
officers, accompanied by ABC agents will present information to SAPD patrol officers during various
roll call sessions, The information will instruct officers regarding pertinent ABC laws, and effective
report writing to establish and prosecute ABC violations.
3.
9
establishments. After receiving pertinent training, contact and inform ABC licensed establishments of
their responsibilities regarding the sale of alcohol. This will build a working relationship with these
establishments to better serve the public.
related to ABC licensed establishments. This will be done in conjunction with our regular neighborhood
meetings attended by problem oriented policing officers. SET officers commonly attend neighborhood
meetings throughout the city pertaining to neighborhood watch, gang issues, and school functions.
Officers will take the opportunity to speak with residents regarding problematic ABC licensed
establishments, accessibility of alcohol to minors, drinking in public and other alcohol related issues.
S. Coordinate and conduct 10 "Trap Door" operations. There are various ABC on -sale licensed
establislunents in our city. A few of these establishments attract minors who enter the club or bar
illegally with false ID's and consume alcohol. SET officers will work directly with employees of these
establishments and cite the person trying to use the false ID.
b. Conduct 10 "Shoulder Tan" o nations at ABC establishments identified das problematic. In copjruiction
with local ABC agents, SAPD SET officers will coordinate undercover operations in an attempt to have
a minor solicit adults to buy alcohol beverages for them at ABC licensed establishments. The
undercover operation will be within the policy and procedures of SAPD as well as ABC guidelines
pursuant to the California Code of Regulations, Title 4, Division 1, Section 141 (Minor Decoy
Requirements),
7. Schedule and coordinate 2 LEAD programs throtigheut the city. SET officers will organize and with
the assistance of local ABC agents, provide a preventive and educational program pertaining to alcohol
responsibility and the law. Our state of the art police facility building has a community room which
could hold the attendees of the LEAD program we host.
0
55A -11
SET officers will work hand in hand
Exhibit A
with ABC to deter alcohol related offenses by conducting operations using proven strategies in order to
identify violations and prosecute cases against ABC licensed establishments which continually violate
alcohol related laws. During the project period, SAPD will evaluate our progress on a continuous basis
and ask for local ABC input so that we attain the desired results. SET officers will maintain all reports
and data related to the ABC grant and will share the information with ABC on a continuous basis.
Protect Personnel:
The services funded by this grant will be completed primarily by the SAPD Special Enforcement Team
(SET). SET is a unit staffed by sworn officers who concentrate their efforts an solving community
quality of life issues, SET is not subject to radio calls, which allows them to direct efforts toward
specific complaints from the community, Officers from this detail regularly attend community meetings
and address the public's concerns. SET officers enforce laws pertaining to vice, narcotics, and gangs
through a close working relationship with the community. Each officer on the detail has been chosen to
be a member of SET based on their expertise, work ethic, and demonstrated high level of
professionalism, Many of our officers have experience working in an Lndercover capacity as well as
coordinating and supervising enforcement operations.
The Santa Ana Police Department recently reorganized adding capability to SET units to handle all vice
complaints, including violations involving ABC licensed, businesses. The Santa Ana Police Department
has long enjoyed an excellent working relationship with ABC agents. Through our established
pwtnership we will accomplish our goals as set forth in this grant. I am certain our combined. efforts will
have a positive and long- lasting effect in our city. For each operation under this grant, we will utilize 3-
8 officers primarily from SET and we will be working in uniform as well as in an undercover capacity in
4 -8 hour increments. Utilizing undercover personnel will give us the advantage and we will be able to
gather evidence on possible ABC, narcotic, and vice violations. The Santa Ana Police Department wilt
work collaboratively with ABC agents to assist in our operations,
The following members of the SAPD Special Enforcement Team will be involved with this project:
Cm n under Ruben Ibaixa #2174
Police Officer Jorge Arroyo #3038
Police Officer David Garcia #3231
Police Officer Joe Castellanos 93080
Police Officer Nicole Quijas 92958
Police Officer Greg Beaumarchais #3265
Police Officer Gabe Gutierrez #3252
Police Officer Judith Valdez 93243
Police Officer Brandon Sontag #3078
Corporal Gonzalo Garcia #2222
Corporal Jose Mendoza #2934
Corporal Michael Kuplast #1839
Police Officer Chris Shynn #3238
Police Officer Sonia Rojo 43241
Police Officer Sal Lopez #3230
Police Officer Ryan Sbifflett 43264
Police Officer Damian Moreno #3196
Police Officer Duran Greaver #3057
55A -12
BUDGET DETAIL
Exhibit B
BUDGET CATEGORY AND LINE-ITEM DETAIL
COST
(Round budget amounts
to nearest dollar)
A. Personnel Services (Straight Time Salaries, Overtime, and Benefits)
- I-- ---- ------- - ---- - - -- - ------------
AA Straight Time N/A
A.2 Overtime Corporal: Overtime Rate $80 X 500 hours
$40,000
Officer: Overtime Rate $75 X 700 hours
$52,500
A.3 Benefits all personnel combined N/A
-----------------
TOTAL PERSONNEL SERVICES
$92,500
B. Operating_Kjp.enses m _(maxirnu $2,500)
. . . . ...... ..... . ......
$2,500
Money for undercover purchases of alcohol and narcotics
-------- ----------- - ------ .......
TOTAL OPERATING EXPENSES
-------
$2,500
C. $2,500)
- .1
(,Kiiach receipts for aifcq'u-.'ip"'mcnt purchases to monthly billing invoice)
$2,500
Body Wire with receiver.
.... ....... ....
TOTAL EQUIPMENT
.......... __ .. ... ....
$2,500
D. Travel Expense/Registration Fees (maximum $2,000)
(Registration fee for July 2015 GAP Conference attendee is $225 each)
$450
Travel, per diem, and lodging for the July 2015 ABC GAP confitewe
$1,550
..... . . ... _ .....
TOTAL TRAVEL EXPENSE
....
$2000
TOTAL BUDGET DETAIL COST, ALL CATEGORIES
$99,500
55A -13
PAYMENT PROVISION
Page t of 2
Exhibit B
INVOICING AND PAYMENT: Payments of approved reimbursable costs (per Budget Detail
attached) shall be in arrears and made via the State Controller's Office. Invoices shall be
submitted in duplicate on a monthly basis in a format specified by the State. Failure to submit
invoices and reports in the required format shall relieve the State from obligation of payment.
Payments will be in arrears, within 30 days of Department acceptance of Contractor
performance, pursuant to this agreement or receipt of an undisputed invoice, whichever occurs
last. Nothing contained herein shalt prohibit advance payments as authorized by Item 2100-
101 -3036, Budget Act, Statutes of 2015,
2. Revisions to the "Scope of Workc' and the "Budget Detail" maybe requested by a change
request letter submitted by the Contractor. If approved by the State, the revised Grant
Assistance Scope of Work and/or Budget Detail supersede and replace the previous documents
bearing those names. No revision cannot exceed allotted amount as shown on Budget Detail.
The total amount of the contract must remaln unchanged.
3. Contractor agrees to refund to the State any amounts claimed for reimbursement and paid to
Contractor which are later disallowed by the State after audit or inspection of records
maintained by the Contractor.
4. Only the costs displayed in the "Budget Detail" are authorized for reimbursement by the State to
Contractor under this agreement. Any other costs incurred by Contractor in the performance of
this agreement are the sole responsibility of Contractor.
5. Title shall be reserved to the State for any State - furnished or State - financed property authorized
by the State which is not fully consumed in the performance of this agreement. Contractor is
responsible for the care, maintenance; repair, and protection of any such property, Inventory
records shall be maintained by Contractor and submitted to the State upon request. All such
property shall be returned to the State upon the expiration of this contract unless the State
otherwise directs.
6. Irtravel is a reimbursable item, the reimbursement for necessary traveling expenses and per
diem shall be at rates set in accordance with Department of Personnel Administration rates set
for comparable classes of State employees. No travel outside of the State of California shall be
authorized. No travel shall be authorized outside of the legal jurisdiction of Contractor without
prior authorization by the State.
55A -14
PAYMENT PROVISION
Page 2 of 2
Exhibit B
Prior authorization by the State in writing is required before Contractor will be reimbursed for
any purchase order or subcontract exceeding $2,500 for any articles, supplies, equipment, or
services to be purchased by Contractor and claimed for reimbursement, Contractor must justify
the necessity for the purchase and the reasonableness of the price or cost by submitting three
competitive quotations or justifying the absence of bidding.
8, Prior approval by the State in writing is required for the location, costs, dates, agenda,
instructors, instructional materials, and attendees at any reimbursable training seminar,
workshop or conference, and over any reimbursable publicity or educational materials to be
made available for distribution. Contractor is required to acknowledge the support of the State
whenever publicizing the work under the contract in any media.
9. It is understood between the parties that this contract may have been written before ascertaining
the availability of appropriation of funds, for the mutual benefit of both parties, in order to
avoid program and fiscal delays that would occur if the contracts were executed after that
determination was made.
10. BUDGET CONTINGENCY CLAUSE - It is mutually agreed that if the Budget Act of the
current year and /or any subsequent years covered tinder this Agreement does not appropriate
sufficient hinds 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 finder 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.
Updated 1/28/15
55A -15
Exhibit D
Special'Ferms and Conditions
1.. Dis utes: Any dispute 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 to 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, 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, Termination Without Cause: Either party may terminate this agreement at any time for any
reason upon ten (10) days written notice. No penalty shall accrue to either party because of
contract termination,
Contract Validity: This contract is valid and enforceable only if adequate funds are
appropriated in Item 2100 -101 -3036, Budget Act of 2015, for the purposes of this program.
G. Contractor Certifications: By signing this agreement, Contractor certifies compliance with
the provisions of CCC 307, Standard Contractor Certification Clauses. This document may
be viewed at htW-:ZZ ww,dgs,ca.gov/ols/Resources/StandardContractLaaguagg�.aspx .
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
Updated 1/29115
55A -16