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HomeMy WebLinkAboutContracts & Agreements_215-2023SCO ID: 2100-240TS 116 STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT STD 213 (Rev. 04/2020) 1. This Agreement is entered into between the Contracting Agency and the Contractor named below: AGREEMENT NUMBER 24-0TS1 16 PURCHASING AUTHORITY NUMBER (If Applicable) ABC-2100 CONTRACTING AGENCY NAME Department of Alcoholic Beverage Control CONTRACTOR NAME City of Redlands through the Redlands Police Department 2. The term of this Agreement is: START DATE October 1, 2023 THROUGH END DATE August 31, 2024 3.The maximum amount of this Agreement is: $30,000.00 Thirty thousand 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 Exhibit A Scope of Work 3 Exhibit B Budget Detail and Payment Provisions 1 Exhibit C * General Terms and Conditions (GTC 04/2017) 4 Exhibit D Special Terms and Conditions 1 ith an asterisk (*), are hereby incorporated by reference and made part of this agreement as attache ereto. These documents can be viewed at https://www.dgs.ca.gov/OLS/Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO. CONTRACTOR CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Redlands through the Redlands Police Department CONTRACTOR BUSINESS ADDRESS PO Box 1025 CITY Redlands STATE CA ZIP 92373 PRINTED NAME OF PERSON SIGNING Rachel Tolber TITLE Chief of Police CONTRACTOR AUTHORIZED SIGNATURE STATE OF CALIFORNIA DATE SIGNED 11/22/2023 CONTRACTING AGENCY NAME Department of Alcoholic Beverage Control CONTRACTING AGENCY ADDRESS 3927 Lennane Drive, Suite 100 CITY Sacramento STATE ZIP CA 95834 PRINTED NAME OF PERSON SIGNING Pattye Bake( TITLE Chief, Business Management Branch CONTRACI-U G � EN AUTHORIZED SIGNATURE P T DATE SIGNED 1/w72,7 CALIFORNIA E Ml3NT OF GENERAL SERVICES APPROVAL EXEMPTION (If Applicable) Page 1 of 1 Agreement Number: 24-OTS116 City of Redlands through the Redlands Police Department Page 1 of 3 EXHIBIT A SCOPE OF WORK Purpose and Description of Services Contractor agrees to implement the Department of Alcoholic Beverage Control programs as listed: o Minor Decoy operations — designed to educate and deter licensed locations from selling/furnishing alcohol to minors and shall be conducted at both "On -Sale" and "Off -Sale" licensed establishments within the operation period of the grant. o Shoulder Tap operations — used to detect and deter adult furnishers outside of a licensed business and shall be performed at "Off -Sale" licensed locations to apprehend adults that are unaffiliated with the licensed businesses 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) Inspections — primary goal is to educate licensees 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 Holiday Enforcement — This program consists of working general undercover and high -profile enforcement targeting underage drinking, sales/furnishing to minors, sales to obviously intoxicated patrons, and other related violations. Holidays would be defined as Halloween (Oct 27-31), Thanksgiving (Nov 22-26), New Year's Eve (Dec 31), St. Patrick's Day (March 17), Cinco de Mayo (May 5), Memorial Day weekend (May 24-27) and 4th of July (July 4). In order to help reduce youth involved fatal and/or injury crashes, the dates for Holiday Enforcement operations coincide with NHTSA/OTS AVOID Campaign dates, which have been determined as holidays with an influx number of DUI crashes. 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 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. o 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. Agreement Number: 24-OTS116 City of Redlands through the Redlands Police Department Page 2 of 3 o Issue press releases as follows: 1. To announce the start of the program; 2. At the conclusion of each Minor Decoy Operation held (to announce the number of licensed premises who sold to the minor decoy) 3. At the conclusion of each Shoulder Tap Operation held (to announce the number of adults arrested for purchasing alcoholic beverages for the decoy). 4. At the conclusion of each IMPACT operation held o Email each press release to the Department's Public Information Officer (pio(c�abc.ca.gov) as soon as it is released. o 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 Complete and submit bi-monthly reports, in a format designed by the Department of Alcoholic Beverage Control due no later than 15 days after operations conducted: On or before January 15, 2024 (with results of operations October, November & December 2023) On or before March 15, 2024 (with results of operations January & February 2024) On or before May 16, 2024 (with results of operations March & April 2024) On or before July 15, 2024 (with results of operations May & June 2024) On or before September 16, 2024 (with results of operations July & August 2024) o Submit an Executive Summary as part of the final report due on or before September 16, 2024. 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 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: 24-OTS116 City of Redlands through the Redlands Police Department Page 3 of 3 Contract Term The operation period of the grant is October 1, 2023 through August 31, 2024. Project Representatives The project representatives during the term of this agreement will be: Redlands Police Department Michael Merriman PO Box 1025 Redlands, CA 92373 (909) 557-6605 mmerriman@redlandspolice.orq Direct all fiscal inquiries to: Redlands Police Department Jimmy Nguyen PO Box 1025 Redlands, CA 92373 (909) 335-4751 jnquyen a(�redlandspolice_orq Department of Alcoholic Beverage Control Diana Fouts-Guter, Grant Coordinator 3927 Lennane Drive, Suite 100 Sacramento, CA 95834 (916) 928-9807 Diana.fouts-quterabc.ca.qov Department of Alcoholic Beverage Control Kristine Okino, Fiscal Grant Analyst 3927 Lennane Drive, Suite 100 Sacramento, CA 95834 Kristine. okino(a7abc.ca.gov Agreement Number: 24-OTS116 City of Redlands through the Redlands Police Department Page 1 of 1 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS Invoicing and Payment • For services satisfactorily rendered and upon receipt and approval of the invoice, the Department of Alcoholic Beverage Control agrees to pay bi-monthly for approved reimbursable costs per the Budget Detail of personnel overtime and benefits (actual cost). • Invoices shall clearly reference this contract number (24-OTS116) and must not exceed the contract total authorized amount of $30,000.00. 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 • This grant is only for overtime compensation and travel for training on October 17, 2023 only. • In accordance with State of CA travel policy, agencies are eligible to receive reimbursement for travel expenses incurred for training on October 17, 2023. https://www. caihr.ca.gov/employees/Pages/travel-reimbursements.aspx • Payment shall be made in arrears within 45 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, 2023 and on or before the project termination date, August 31, 2024. • 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. 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. 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: 24-OTS116 City of Redlands through the Redlands Police Department Page 1 of 4 EXHIBIT C GENERAL TERMS AND CONDITIONS 1. APPROVAL: This agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has beenobtained. 2. AMENDMENT: No amendment or variation of the terms of this agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or agreement not incorporated in the agreement is binding on any of the parties. 3. ASSIGNMENT: This agreement is not assignable by the contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment. 4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896). 5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by contractor in the performance of this agreement. 6. DISPUTES: Contractor shall continue with the responsibilities under this agreement during any dispute. 7. TERMINATION FOR CAUSE: The State may terminate this agreement and be relieved of any payments should the contractor fail to perform the requirements of this agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the contractor under this agreement and the balance, if any, shall be paid to the contractor upon demand. 8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of contractor, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of theState. 9. RECYCLING CERTIFICATION: The contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post -consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. Agreement Number: 24-OTS116 City of Redlands through the Redlands Police Department Page 2 of 4 With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205). 10. NON-DISCRIMINATION CLAUSE: During the performance of this agreement, contractor and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2,§11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the agreement. 11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this agreement by this reference as if attached hereto. 12. TIMELINESS: Time is of the essence in this agreement. 13. COMPENSATION: The consideration to be paid contractor, as provided herein, shall be in compensation for all of contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided. 14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California. 15. ANTITRUST CLAIMS: The contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the contractor shall comply with the requirements of the Government Codes Sections set out below. a. The Government Code Chapter on Antitrust claims contains thefollowing definitions: 1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. Agreement Number: 24-OTS116 City of Redlands through the Redlands Police Department Page 3 of 4 2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, Tess the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554. 16. CHILD SUPPORT COMPLIANCE ACT: For any agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that: a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. 17. UNENFORCEABLE PROVISION: In the event that any provision of this agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this agreement have force and effect and shall not be affected thereby. 18. PRIORITY HIRING CONSIDERATIONS: If this contract includes services in excess of $200,000, the contractor shall give priority consideration in filling vacancies in positions funded by the contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353. 19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS: Agreement Number: 24-OTS116 City of Redlands through the Redlands Police Department Page 4 of 4 a. If for this contract contractor made a commitment to achieve small business participation, then contractor must within 60 days of receiving final payment under this contract (or within such other time period as may be specified elsewhere in this contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.) b. If for this contract contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then contractor must within 60 days of receiving final payment under this contract (or within such other time period as may be specified elsewhere in this contract) certify in a report to the awarding department: (1) the total amount the prime contractor received under the contract; (2) the name and address of the DVBE(s) that participated in the performance of the contract; (3) the amount each DVBE received from the prime contractor; (4) that all payments under the contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.) 20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a "loss leader" as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).) Agreement Number: 24-OTS116 City of Redlands through the Redlands 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. 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. 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: https://www.dgs.ca.gov/OLS/Resources/Paqe-Content/Office-of-Legal-Services-Resources-List- Folder/Standard-Contract-Language 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.