HomeMy WebLinkAbout2003-034
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RESOLUTION NO. 2003-34
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CIT
OF SAN BERNARDINO AUTHORIZING THE POLICE DEPARTMENT TO ACCEP
THE GRANT FOR THE CALIFORNIA STATE UNIVERSITY PARTNERSHIP FRO
THE STATE DEPARTMENT OF ALCOHOL BEVERAGE CONTROL IN THE
AMOUNT OF $50,000.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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Section 1. The Mayor of the City of San Bernardino hereby authorizes the Polic
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Department to accept the grant for the California State University Partnership from the stat
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department of Alcohol Beverage Control in the amount of $50,000, The agreement outlining th
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Police Department's participation is attached,
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2003-34
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA
BERNARDINO AUTHORIZING THE POLICE DEPARTMENT TO ACCEPT THE
GRANT FOR THE CALIFORNIA STATE UNIVERSITY PARTNERSHIP FROM TH
STATE DEPARTMENT OF ALCOHOL BEVERAGE CONTROL IN THE AMOUNT 0
$50,000.
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I HERBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an
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Common Council of the City of San Bernardino at a j oint regular meeting thereof, hel
on the 21st day of January
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8 Council Members: AYES
9 ESTRADA X
LONGVILLE X
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MCGINNIS x
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DERRY X
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13 SUAREZ X
ANDERSON X
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MCCAMMACK X
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,2003, by the following vote, to wit:
ABSENT
ABST AIN
NAYS
xdand/Zf.(Y'Ilpdl!J() ~'~DLI '
CITY CLER /
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The forgoing Resolution is hereby approved thisY,7l"day of January ,2003,
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Neil Den or Pro Tem
City of San Bernardino
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Approved as to form
22 and legal content:
23 JAMES F, PENMAN,
City Attorney
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25 By: (1~ -:;. l(c~
tJ
BCLS:\Council\ABC Grant Reso.doc
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2003-34
STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213 (Rev 09/01)
AGREEMENT NUMBER l
02PTS-04
1, This Agreement is entered into between the State Agency and the Contractor named below:
STAlE AGENCY'S NAME
Department of Alcoholic Beverage Control
CONTRACTOR'S NAME
San Bernardino Police Department through the City of San Bernardino
2, TAhetermotf,this January 1, 2003, through June 30, 2004
greemen IS:
3, The ~aximum am<:lUnt $ 50 000.00
of thiS Agreement IS: '
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:
Exhibit A - Scope of Work
- 1 page
Exhibit B - Payment Provisions
- 2 pages
Exhibit C * - General Terms and Conditions
- GTC 201
Exhibit D - Special Terms and Conditions
Exhibit E - Budget Detail
- 3 pages
- 1 page
Items shown with an Asterisk (oJ are hereby incorporated by reference and made part of this agreement as if attached hereto,
These documents can be viewed at www.d~s.ca. rov/contracts
IN WITNESS WHEREOF, this Agreement has been execnted by the parties hereto.
CONTRACTOR
California Department of General
Services Use Only
CONTRACTOR'S NAME (If other than un indjvidulll, state whether a corporation, partnership, ete.)
San Bernardino Police Department through the City of San Bernardino
BY (Authorized Signature) DATE SIGNED (Do not type)
PRINlED NAME AND TITLE OF PERSON SIGNING
ADDRESS
STATE OF CALIFORNIA
AGENCY NAME
Department of Alcoholic Beverage Control
PRIN D
Jer y
ADDRESS
3810 Rosin Court, Suite 150
Sacramento, CA 95834
I DAlE SIG
II .
o Exempt per
2003-34
Exhibit A
Scope of Work
Contractor agrees to implement the Department of Alcoholic Beverage Control (ABC)!
Office of Traffic Safety (OTS)! California State University (CSU) Partnership, a program
that targets the enforcement of underage drinking laws and policies and to reduce alcohol
consumption by CSU students, Enforcement strategies will be based on environmental
scans being completed by the CSU Chancellor's Office of campuses and surrounding
communities in order to identify the nature and scope of alcohol-related problems, Once
the specific problems are identified, proven enforcement strategies will be coordinated
with Contractor and campus security through enforcement
ABC enforcement programs that focus on underage drinking and sales to minors will be
utilized, such as Licensee Education on Alcohol and Drugs (LEAD), Grant Assistance
Program (GAP), Informed Merchants Preventing Alcohol-Related Crimes and
Tendencies (IMPACT), and Decoy Shoulder Tap Program. In addition, Contractor
agrees to the following goals:
. To establish and implement a coordinated effort between ABC and CSU.
. To increase enforcement of underage drinking laws and policies,
. To expand the involvement of addressing the problem of student alcohol abuse,
. To reduce the access to alcoholic beverages by underage students,
. Do conduct DUI checkpoints,
2003-34
Exhibit B
Payment Provisions
1. Contractor recognizes fhat funding for the California State University Prevention
Partnership is contingent on the Department of Alcoholic Beverage Control receiving
funding from fhe Office of Traffic Safety.
2. 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 based on acceptance of Contractor performance, pursuant to this agreement or
receipt of an undisputed invoice, whichever occurs last. Nothing contained herein shall
prohibit advance payments as aufhorized by Item 2100-101-0081, Budget Act Statutes of
2002,
3, Contractor understands in order to be eligible for reimbursement, costs incurred and
claimed must meet the following criteria:
a, Be necessary and reasonable for proper implementation of the project.
b. Not result in a profit or other increment to contracting agency.
c. Be incurred on or after the effective date of the project and on or before the project
termination date,
4, The Contractor will be reimbursed for costs incurred in the performance hereof as are
allowable under the provisions of Part 1-15 of the Federal Procurement Regulations.
a, Contractor shall be reimbursed monfh1y in arrears. Contractor shall submit invoices in
triplicate and addressed to the Grant Coordinator.
b. Contractor shall not be permitted to subcontract any portion of this contract.
5, Revisions to the "Scope of Work" and the "Budget Detail" may be requested by a
change request letter submitted by the Contractor. If approved by the State, the revised
Narrative and/or Budget Estimate supersede and replace the previous documents bearing
those names, A contract amendment will be required to implement any such changes with
the exception that changes in a budget line item of expense not to exceed five percent
(5%) of the line item may be authorized without requiring a contract amendment if the
total amount of the contract remains unchanged,
6. 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.
7, 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. '
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2003-34
8, The Department of Alcoholic Beverage Control may delete from Contractor's invoice any
amount claimed by Contractor if the Department determines the expense to be
inappropriate or excessive or violates any other provisions of this agreement.
9. 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.
10, If travel 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,
1 L 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.
2003-34
Exhibit D
Special Terms and Conditions
1. Quarterly Performance Reports and Reimbursement Claims must be submitted by the
Project Director to the ABC Grant Coordinator by April 15, July 15, October 15, January
15, during project operation,
2, Contractor shaH provide a final report in draft form to ABC and OTS thirty days prior to
Contract termination for review, recommendations, and approval by both parties prior to
fhe Contractor furnishing three printed copies of the approved final report. The final
report is due thirty days after project completion. Costs incidental to,the report's
preparation or delivery that are incurred subsequent to the termination date of the
project are now aHowable,
3, Final payment shaH be released to the Contractor, upon the satisfactory completion of
the terms and conditions of the contract and acceptance of the Contract's final report
has been received by the Department of Alcoholic Beverage Control and Office of
Traffic Safety.
a, Contractor shaH not be authorized to copyright the final report, any papers, interim
reports, forms, or other material which is a part of the work under fhe Contract,
without the prior written approval from the Department of Alcoholic Beverage
Control and the Office of Traffic Safety. '
b. All reports published by the Contractor shaH contain the foHowing statement on fhe
credit sheet: "The opinions, findings, and conclusions expressed in this publication
are those of the authors and not necessarily those of the office of Traffic Safety,
Alcoholic Beverage Control, the National Highway Traffic Safety Administration, or
the Federal Highway Administration,"
4. If, during the term of the grant award, federal funds become reduced or eliminated, ABC
may immediately terminate or reduce the grant award upon written notice to the Project
Director.
5, No alteration or variation of the terms of this Agreement shaH be valid unless made in
writing and signed by the parties hereto, and no oral understanding or agreement not
incorporated herein shaH be binding on any of the parties hereto,
6, Any dispute concerning a question of fact arising under this contract which is riot
disposed of by agreement shaH 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,
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2003-34
7. 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,
8. This contract is valid and enforceable only if approved by the Office of Legal Services,
State Department of General Services, if required, and if adequate funds are appropriated
in Item 2100-101-0081, Budget Act of 2002, for the purposes of this program,
9, By signing this agreement, Contractor certifies compliance with the provisions of CCC
201, Standard Contractor Certification Clauses, This document may be viewed at:
www.dgs.ca.goY /contracts,
10, Both written and oral releases are considered to be within the context of publication.
However, there is no intention to limit discussion of the study with small technical
groups or lectures to employees or students. Lectures to other groups which describe
the project but disclose neither data nor results are permissible without advance
approval. '
11, All reports shall contain the following credit line: "In cooperation with State of
California, Business, Transportation and Housing Agency, Office of Traffic Safety, the
D.S, Department of Transportation, National Highway Traffic Safety Administration, and
Federal Highway Administration,"
12, The Office of Traffic Safety, the National Highway Traffic Safety Administration, the
Federal Highway Administration, and the Department of Alcoholic Beverage Control
may review and inspect the Contractor's activities during the progress of the program,
13, Contractor agrees to maintain all records and other evidence pertaining to costs incurred
and work performed hereunder, and shall make them available at the Contractor's
California office during the contract period and thereafter for a period of three years
from the date of receipt of final payment of federal funds.
14, All data, maps, photographs, and other material collected or prepared under the Contract
shall become the joint property of the Department of Alcoholic Beverage Control and
the Office of Traffic Safety,
15. The Contractor warrants they have not employed or retained any company or persons,
other than a bona fide employee working solely for their agency, or paid 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.
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2003-34
16. Contractor agrees to make available to the California State Auditor any books, records,
documents, and other evidence pertaining to reimbursable costs, and any matching costs
and expenses, and hold them available for audit and inspection by the State for a period
of three years after the final payment of this contract. Contractor agrees to make
available to the Department of Alcoholic Beverage Control or any State audit entity
these same materials pertaining to the performance of this contract at any time during the
term of this contract up to a period of three years after the final payment of this contract.
17. It is mutually understood and agreed that no alteration or variation of the terms of this
contract shall be valid unless made in writing, signed by the parties hereto, and approved
by all necessary parties,
18, The Contractor will permit access to books, records, and accounts by the State, the
Federal Highway Administration and/or the National Highway Traffic Safety
Administration for purposes of investigation to ascertain compliance with this
Nondiscrimination Clause.
19, In the event of the Contractor's noncompliance with the nondiscrimination clauses of
this contract, this contract may be canceled, terminated, or suspended in whole or in part.
2003-34
BUDGET DETAIL
Police Personnel Overtime
Exhibit E
COST
(Round all budget
amounts to nearest dollar)
$45,500
$45,500
I CD Mavica digital still camera, MVC-CD400, (4,0 mega pixel, CD-ROM), $ 770
cost $699,95 (S&H $20)
4 CD-ROM packs @ $19,95 each with tax 100
I M Series rechargeable battery 100
1 M Series battery charger 80
1 Alco Sensor IV Paz device 850
I Paz device mouthpieces (1,000 count) 350
ABC Grant Conference January 14-16,2003
I P-4 registration, meals, hotel, parking, and travel
I P-2 registration, meals, hotel, parking, and travel
ABC Grant mid-year Conference
1 P-2 registration, meals, hotel, parking, and travel
TOTAL TRA VEL/REGISTRA TION FEE EXPENSES
TOTAL BUDGET ESTIMATE, ALL CATEGORIES
$ 2,250
$ 750
750
750
$ 2,250
$50,000