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HomeMy WebLinkAbout2006-354 I m -~-~ --~--~- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 " RESOLUTION NO, 2006-354 RESOLUTION OF THE CITY OF SAN BERNARDINO RATIFYING THE SUBMITTAL OF A GRANT APPLICATION AND AUTHORIZING THE POLICE DEPARTMENT TO ADMINISTER THE ALCOHOL BEVERAGE CONTROL SHOULDER TAP PROGRAM GRANT FUNDS IN ACCORDANCE WITH THE GRANT EXPENDITURE PLAN. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1: The Mayor and Common Council of the City of San Bernardino authorize the Mayor or his designee to sign and approve on behalf of the City of San Bernardino the attached Standard Agreement with the Department of Alcohol Beverage Control (ABC), including any extensions or amendments thereof SECTION 2: The Mayor and Common Council of the City of San Bernardino authorize the Police Department to obligate and expend the Alcohol Beverage Control Grant funds in the amount of $10,000 as outlined in the attached Expenditure Plan submitted by the Chief of Police (Exhibit "A'} III III III III III III III III III r 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2006-354 1 2 3 4 RESOLUTION OF THE CITY OF SAN BERNARDINO RATIFYING THE SUBMITTAL OF A GRANT APPLICATION AND AUTHORIZING THE POLICE DEPARTMENT TO ADMINISTER THE ALCOHOL BEVERAGE CONTROL SHOULDER TAP PROGRAM GRANT FUNDS IN ACCORDANCE WITH THE GRANT EXPENDITURE PLAN. 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at aj t. regular meeting thereof. held on the 2nd day of October , 2006, by the following vote, to wit: Council Members Abstain Absent Aves Navs ESTRADA x BAXTER x VACANT DERRY x KELLEY x JOHNSON x McCAMMACK x RCl~p} Jr. ohl!)Ju 'A ~heIG.q~~k,.9tYClerk . U l, ltto-r Ylf)J).A,Ylf4 L The foregoing resolution is hereby approved th?:J. day of October , 2ft!! ~ J. M Mayor San Bernardino Approved as to form: : 2006-354 STA TE OF CALIFORNIA STANDARD AGREEMENT STD 213 (Rev 6/03) '1- AGREEMENT NUMBE-R -- - - - 06ST-13 I RHi"IRAIIUN NUMBeR --- --- ------..--.----------..-- -----..---------------.-. --.---- I. This Agreement is entered into betwet:J.ltl1e_S~tej,gell~y ll11gthe_Conj@stor_named below STATE AGENCY'S NAME Department of Alcoholic l3everage c;o_n.!rlll_ CONTRACTOR'S NAME City of San Be!nll.~i-"othrollg_I1JI1~SlI'!Berna~c:!.illol'oli~IlPePllrtmlll!.t _ _ ____~________d__ __n ---~- 2. The term of this August 1, 2006 through May 31, 2008 Agreement is:--- ______00__ ___ _____________ ________00__ ________00____ ________n__ --------- ------ -- 3. The maximum amount of this $ 10000.00 Agreement after this amendment is: ______~____________ _____ -- - n - -- -- d___ - --- 4. The parties agree to comply with thc tcrms and conditions of the following exhibits which a"c by this rcference made a part of the Agreement: ------- ExhibitA - Scope ofWorkIProject Narrative Exhibit B - Budget Estimate Exhibit C - General Terms and Conditions Exhibit D - Payment Provisions Exhibit E - Special Terms and Conditions I page I page GTC 306- 2 pages 3 pages Items shOlI"n with an Asterisk (*) Gre hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be view at WH'W. documents.des.ca.eov/GTC-306doc IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR CALIFORNIA Department of General Sen'ices Use Only CONTRACTOR'S NAME (If other than an individual, slate whether a corporation. partnership. etc.) City of San Bernardino through the San Bernardino Police Department B ure) ~ IDATESI ED D1.011}pe) o TITLE OF PERS ADDRESS PO Box 1559, San Bernardino, CA 92402 STATE OF CALIFORNIA PRINTED NAME AND TITLE Dennis J. Clear, Assi PERS N SIGNING nt Director, Administration 181 Exempt per GC14616 ADDRESS 3927 Lennane Drive, Suite 100, Sacrame.!'!~~.~2~~~~_~~__ ~___~_~_~ __O~..'.7=.~__.:=-~"",,''''~_-'-''~~C. ~=c..o=-=,._='.~~=~'.'-='~--.-= 2006-354 EXHIBIT A 06-ST-13 SCOPE OF WORK Contract agrees to implement the Department of Alcoholic Beverage Control (ABC) and the Federal Office of Juvenile Justice Delinquency and Prevention's (OJJDP) Shoulder Tap Program that targets individuals who furnish alcoholic beverages to underage operators. 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 enforcement intervention and the impressions of onmipresence oflaw enforcement. In addition, Contractors agrees to the following goals: . Contractor agrees to raise public awareness that furnishing alcoholic beverages to individuals under twenty-one years old is a criminal violation that will be prosecuted by local city and district attomeys. . Contractor agrees to conduct a minimum of nine Shoulder Tap Operations \\"ithin the twenty-two month period. . To establish and implement a coordinated efforts between Contractor and ABC. . Contractor shall devote 100% of its effort on the Shoulder Tap Operations only. S.p O~ 06 01:42p SBPD Narcotics-Vice Unit 2006-354 C)/\ r'l 909-890-4918 1~\cI. p.,2 BUDGET ESTIMATE EXHIBIT B '/'..C' '.." ".,.c,'v.....M.'7r.'.'.,..,,''C. ....+:Rj,f;"~"~'X'~.-'."'..:Ir"fif*TI':~,j',';,",,::.,i"'.."+,;:,',s;, COST "'-BUDGET'CATEGO '. " '., "l'EM' E' ". .,."......,.,,':.'..,.' ". : ::,'!.';;~~:"....: _.' ',.;. .......: .,~-~~,;:~.:." ....._.;..:;:... '''',l'''''', -.+:. ,_;.. ..L!::;,.. ,-,:~:. ..}(L: ".:".,i.\. :'".: ,~:.... :'" ...., ,:."._,,_.,..: _ """;_,. ,.:....,::..',.. ,," _ '.~,....f.i::~~"_:::',.,'" .>-Y~:._.:,'.";;'.'_..:....; , ". ...~i:::~:.~,~~~~i:~:~'::~~.~!~~!~~~~~~~~~I~i~~gi~~*j~~~~;~~~tif~f~~jil~:~~i-;.'-Ft~~i:,ri~~t.~:.;;)~:;' (Round all hllJgc::t amOUl1(s \0 . nl''''~'sl dullml !\jOt Applicable - TOTAL PERSONNEL SERVICES - STRAIGHT Tl ME -0 - '::'i:~.':,)!;~if~,t~~~~p~t~~~#ij.~~~I9~~ti~~,~li~i~~~~.Ji;{~~{f?~;~tt~~fi~~ii~i\ii~~J:{~~!jH~;~~~.&~~ Sergeant - 1 x $6 9 . 20 x 4 hrs . x 10 prograns $2 , 76 8 Detective - 1 x $61 . 49 x 4 hrs - x 10 programs $2 , 46 0 Vice 0fficers - 2 x $53 . 55 x 4 - 5 hrs . x 10 prograns $4 , 819 TOTA L P ERSONNEL SERVICES - OVERTIME $10 , 047 ..... .;. ,. \".'..- ,.,:....,. I.:.....,',...,'-.~,.,..,,'?. -', e"",;...'~, " -"- .,.' ..i..';.,.,....'.,:.' :~/':'''....>-..J.+.:.$,..,....;f.',_. O':~._.. "._"-'.~.i..~,,.Il;;'-::'1;ie'.h,. -.,...,.,. .).~.,'" '''Y,'' '''''-~.;''':'<r.,;. ;:+,.-." {;"C"~"Perioll.derRenefits(;Maxim"''''''~:~3 %).':~\t"WMj"t",W~, : "",:;,f:.,. :i#1:')W;,~ ~:.:~,,'.' ,:_,!.:,:~:_: ,; .:-,,~;. '. . _j, "T_ :::,'_' _' _ ~"_-'_'''.''. ",',,",-,:.. ~.'c.......,,!!.IJ:\~~,!~.... .,:--.,'- _;:~';'-;i:~\c'.,':;:~~1.~3;'<.~i::.:I~":;'~~!'i"l:~;.'$.;"~~';.,,'"~,":,:?::;-:; Not Applicable TOTAL PERSONN EL BENEFITS -0- D; EQUip$1ENr.'W~iDlliili!i($i;i>~Q.)W~*f;;;iMgf~':ii~\s~i!f.0:;';J&J1;?1,t';G';i! ',-Iot Applicable - TOTA L EQ U I PM ENT (Maxi mum : $ 1 .000) -0- ,,'.> E!;.iRAVtt,~ariffiu'ri]-;/$l;ooQSCi,i\:',\'!";r~:j>'i:iyf:;P</;J";::;" .. ;".; . i\bt Applicable TOTA L T RA VE L ( M ax inl urn : S I ,000) -0 TOTAL BUDGET ESTIMA TE,ALL CATEGORIES .' ,c S 10 , 047 . ." . 2006-354 EXHIBITS D PA Yl\IE~T PRO\'ISIO:\S 1. Contractor recognizes that funding for the !vlinor Decoy Program is contingent on the Department of Alcoholic Be,.erage Control receiying funding from the Office of Jll\.enile Justice Delinquency and Pre,.ention (Grant #2006AHFX0053). 2. Payment of appro,.al reimbursable costs (per Budget Details attached) shall bc in arrears and Made yia the Statc Controller's Ofhce. 1I1\0lces shall be submlttcd in Iriplicate on a ljlwrlcrly basis in a format specified by the State. Failure to submit inyoices and reports in the required format shall relie,.e the State from obligation of payment. Payment will be in arrears based on acceptance of Contractors pcrfoll11ance, pursuant to this agreement or receipt of an undisputed il1\.oice, ,yhiche,.er occurs last. :\othing contained herein shall prohibit adnll1ce payments as authorized by Item 2100-001-3036, Budget Act Statutes of 2004. 3. Contractor understands in order to be eligible for reimbursement; costs incurred and claimed must mcet the following criteria: a. Be necessary and reasonable for proper implementation of the project. b. ]\;ot result in a profit or other increment to contracting agency c. Be incurred on or after thc effecti,c date of the project and on or beforc the project termination date. 4. The Contractor \,.ill bc reimbursed for costs incurrcd in the performance hereof as are allowable under the proyisions of Part I-IS of the Federal Procurement Regulations. a. Contractor shall be reimbursed quarterly in arrears. Contactors shall submit inyoices in triplicate and addressed to the Grant Director. b. Contractors shall not be permitted to subcontract any portion of this contract. 5. Reyisions to the "Scope of Work" and the "Budget Detail" may be requested by a change request letter submitted by the Contract. If approyed by the State, the reyised Scope of Work and! or Budget Detail supersede and replace thc pre\.ious documents bearing those names. A contract amendment \\.ill be required to implement any such change with the exception that changes in a budget line item of expense not to exceed fi,.e (5%) of the line item may be authorized requiring a contract amendment if the total amount of the contract remains unchanged. L 2006-354 6. Contract agrees to refund to thc State any amount claimed for reimbursement and paid to Contractor which are later disallo\\.ed 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 the Contractor in the performance of this agreement are the sole responsibility of Contractor. 8. The Department of Alcoholic Beyerage Control may delete for Contractor's inyoice any <lIlIOUnlCI<liIllCd by Contr<lClOr if the DlJJ~,r[l1lcnl determines nle l'.\pc,nse le) be inllppropriiilc or excessi\.e or \.iol<ltes any other pro\.isions of this agreement. 9. Title shalrbe reseryed to the State for any State-furnished or State-financed property authorizcd by the State \\.hich is not fully consumed in the performance of this agreement. Contractor is responsible for the care, maintenance, repair and protection of any such propeliy. Inyentory records shall be maintained by Contractor and submitted to the State upon request. All such property shall be returned to the State upon expiration of this contract unless the State othcrwisc directs. ] O. 1 f tnn.cl 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. ~o trayel outside the State of California shall be authorized. '\'0 trayel shall be :lUthorized outside the legal jurisdiction of Contractor without prior authorization by the State. 1]. It is understood bem.een the parties that this contract may haye been written before ascel1aining the ,wailability of appropriation of funds, for the mutual benefits of both parties, in order to m.oid program and fiscal delays that would occur if the contracts \\.ere executed after that determination \\.as made. 2006-354 EXHIBIT E SPECIAL TER'\IS AC'iD CO:\DITIO:\S I. Quarterly Performance Repons and Reimbursement Claims must be submitted by the Project Director to the ABC Project Director Kathleen Lenihan by January 15,2007 (fiye months), April 15, 2007, July 15, 2007, October 15, 2007, January 15, 2008, June 15,2008 (fiye months), during project operations, o COlltr~lCL):- ~;11:~11 pro\id<.:' ~l fin:J! r\:ccllti\'l.' SU!1li1l::ry 10 /\llC thirl~" (1:1Y5 nftcl" termination of the contract. , _J, Final payment shall be released to the Contractor, upon the satisfactory completion of the terms and conditions of the contract and acceptance of the Contractor's final repons ha\'e been receiwd by The Department of Alcoholic Beverage Control and the Oftice of Juyenile Justice Delinquency and Pre\'ention, a, Contractor shall not be authorized to copyright the final report, any report. forms. or other material which is part of the \\'ork under the Contract, without prior written approyal from the Department of Alcoholic Be\'CI'age Control and the Oftice ofJu\'enile Justice Delinquencyand Pre\'ention, b, All reports published by the Contractor shall contain the following statement on the credit sheet: "the opinions. findings and conclusions expressed in this publication are those of the authors and not necessarily those of the Oftice of Jll\'enile Justice Delinquency and Pre\'ention, Alcoholic Beyerage Control. the National Highway Traffic Safety Administration, or the Federal High\\'ay Administration, 4, If, during the terms of the grant award, federal funds become reduced or eliminated, ABC may immediately ten11inate or reduce the grant m\'ard upon written notice to the Project Director. 5, No alteration or variation of the terms of this Agreement shall be yalid unless made in \\Titing and signed by the par1ies hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties, 6, Any dispute concerning a question of fact arising under the contract \\hich is not disposed of by agreement shall be decided by the Director. Department of Alcoholic Bnerage Control. or designee, \\ho shall reduce his decision to \\Titing and mail or othelwise furnish a copy therefore to the Contractor. The 2006-354 . . 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 othem'ise furnishes to the State a written appeal addressed to the Director, Department of Alcoholic Be\'erage Control or his duly authorized representati\'e for a determination of such appeals shall be final and conclusi\'e 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 e\'idence, In connection with any appeal processing 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 \\ith the performance of the contract and in ~\(,cui\L;l\.:C \\;111 thi..' d:...-'Ci:;:\~IIl oft!h' SL:lc' 7, Either pany may terminate this agreement at any time for any reason upon ten (10) days written notice, ;\0 penalty shall accrue to either party because of contract termination. S, Both \\Tittcn and oral releases are considered to be within the context of publication, Howe\'er, there is no intention to limit discussions of the study with small technical groups or lectures to employees or students, Lectures to other groups \vhich describe the project but disclose neither data nor results are permissible without ad\'ance appron11. 9, All reports shall contain the follo\\'ing credit line: "In cooperation \\'ith the State of California, Business, Transportation and Housing Agency, Ofllce of JLl\'enile Justice Delinquency and Prc\'ention. and U,S, DepaI1mcnt of Justice, Oftice ofJu\'cnile Justice Delinquency and Pre\'ention, U,S, Department of Justice. and the Department of Alcoholic Beverage Control, may rcvie\\ and inspect the Contractor's acti\'ities during the Progress of the program, 10, Contractor agrees to maintain all records and other evidence pertaining to costs inculTed and work performed hereundcr, and shall make them a\'ailable at the Contractors California oftice during the contract period and thereafter for a period ofthrce years I"om the date of receipt of final payment of federal funds, II, All data. maps photographs, and other material collected or prepared under the Contract shall become the joint property of the Department of Alcoholic Bewrage Control and Oftice of Ju\'cnile Justice Delinquency and Pre\'ention. 12, The Contractor \\'arrants they IH1\'e 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 a\\'ard or making of this Contract. For breach or \'iolation of this warranty, the State shall ha\'e the right . . 2006-354 to annul this contract \\'ithout 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, 13, 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 Bev'erage Control or any State audit entity these same materials pertaining to the perfol1l1ance of this contract at any time during the teml of this contract up to a p~i-i\..h.1 ,.)[ tLj~L )'l'~lL; anc:r the final p~!ym(.llt orthi~, rOl1tr~C'L 14, 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 approv'ed by all necessary parties. 15. The Contractwill pernlit access to books, records, and accounts by the State, the Federal Highway Administration and! or the Office of Juvenile Justice Delinquencyand Prevention for purpose of investigation to ascertain compliance with the Nondiscrimination Clause. 16. In the event, the Contractor's noncompliance with the nondiscrimination clause of this contract, this contract may be canceled, terminated, or suspended in whole or in part.