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HomeMy WebLinkAbout2006-355 ,------ , 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, 2006-355 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 MINOR DECOY 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 $20,000 as outlined in the attached Expenditure Plan submitted by the Chief of Police (Exhibit "A"), III III III III III III III III III 13 VACANT 14 15 16 17 18 , 19 20 21 22 23 24 25 26 27 28 2006-355 1 2 3 4 5 6 7 8 9 10 11 12 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 MINOR DECOY PROGRAM GRANT FUNDS IN ACCORDANCE WITH THE GRANT EXPENDITURE PLAN. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at ajt. regular meeting thereof, held on October , 2006, by the following vote, to wit: the 2nd day of Absent Abstain Council Members Navs Aves ESTRADA ~ x BAXTER DERRY x KELLEY x JOHNSON x McCAMMACK x R fUl/ho {) J'f. OJ f1JJJ h =~~t~1 oPfJUfu, The foregoing resolution is hereby approved thi~day of October, 2066.- 7 -(1 , ayor Approved as to form: 2006-355 Exhibit A San Bernardino Police Department Alcohol Beverage Control Minor Decoy Program Grant Line Item Budget ACCOUNT OBJECT & TITLE PROPOSED $20,000 $20,000 5015 Overtime TOTAL PERSONNEL SERVICES GRANT TOTAL $20,000 2006-355 San Bernardino Police Department Alcohol Beverage Control Minor Decoy Program Grant Expenditure Plan Narrative Overtime Overtime will be worked by investigators and supervisors assigned to Vice & Narcotics and police officers assigned to Patrol to perform a minimum of nine Minor Decoy operations within the 19 month grant period. The Alcohol Beverage Control Department has approved $20,000 in grant overtime for these programs. 2006-355 STATE OF CALIFORNIA STANDARD AGREEMENT STD 213 (Rev 6/03) AGREEMENTNUMBER . 06MDG-19 -----..------------------ ..____._u.____.. ___ - ..----------- .._----~---_._-_._--------~.__.._..__.-.-._-------- ----~_._---~-------------_._.~--------_.__._--_...._-~.----_..._--._-.. J. __T.I1is_~eJlu:nt i~_l:ntel'eci.i!lt9_betweeI1JheState Ag~I1<:Y_l!.lJ~Ltl1e Contracto!.name.(Li:1elow _____ STATE AGENCY'S NAME mJ>.ellll!tment ()f A!c~_holic:Ill:v~_r!'..~e Control__________ _______________________ CONTRACTOR'S NAME __<::itY.Qf~lIn Bernardin()th!"!J!l2h_!he San BernardiJ1<l..~olic.l: Department 2. The term ofthis August 1, 2006 thro.ugh May 31, 2008 Agreement.is:_~__..._____.______.______________________.----.- 3. The maximum amount of this $ 20000.00 Agreement aftel'thisamendment.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 ofWork/Project Narrative Exhibit B - Budget Estimate Exhibit C - General Terms and Conditions Exhibit D - Payment Provisions Exhibit E - Special Terms and Conditions 1 page 1 page GTC 306* 2 pages 3 pages 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 view at www.documenls.dl!s.ca.l!ov/GTC-306doc IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR CALIFORNIA Department of General SenrlcfS Use Only CONTRACTOR'S NAME (If other than an individual, state whether a corporation, partnership, etc.) City of San Bernardino throu2h the San Bernardino. Police Department BY (Authorize I DATE l~ (0 not type) PRINTED NAME ADDRESS PO Box 1559. San Bernardino.. CA 92402 ST ATE OF CALIFORNIA everage Control BY (Authori I DATE Sl to PRINTED NAME AND TI Dennis J. Clear, As OF PERSON SIGNING tant Director. Administratio.n ~ Exemplper GC14616 .\DDRESS . ....: 'I ~e~~~Il~~~rI~~~"~,~1~~1 ~~'-~,a,c~.~~~I1!.~~.~~"2!i.8~~~~~~.~~"".~.~~~~~~~~"...~.~~.,.~.~.~~~ 2006-355 EXHIBIT A 06-MDG-19 SCOPE OF WORK Contract agrees to implement the Department of Alcoholic Beverage Control (ABC) and Office of Traffic Safety's (OTS) Minor Decoy Program, a program that targets employees of retail outlets who furnish or sell 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 omnipresence oflaw enforcement. In addition, Contractors agrees to the following goals: . Contractor agrees to raise public awareness that selling alcoholic beverages to individuals under twenty-one years old is a criminal violation that will be prosecuted by local city and district attorneys. . Contractor agrees to conduct a minimum of nine Decoy Operations within 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 Minor Decoy operations only. 2006-355 EXHIBIT B BUDGET ESTIMATE BUDGET CATEGORY AND LINE ITEM DETAIL COST A. Personnel Salaries - Straight Time (Round all budget amounts to nearest dollar) Not Applicable. TOT AL PERSONNEL SERVICES - STRAIGHT TIME -0- -- B. Personnel Salaries - Overtime Sergeant - 1 x $69.20 x 7 hrs. x g programs 4,360 Detective - 1 x $61.49 x 6 hrs. x 9 programs 3,320 Vice Officers - 2 x $53.55 x 6 hrs. x 9 programs 5,783 P atro 1 Officers - 2 x $53.55 x 6 hrs. x g programs 5,783 Community Service Officer - 1 x $28.26 x 3 hrs. x g programs 763 TOT AL PERSONNEL SERVICES - OVERTIME $20,0070 C. Personnel Benefits (Maximum: 30%) . Not Applicable. TOTAL PERSONNEL BENEFITS -0- D. EQUIPMENT (Maximum: $1,000.) Not Applicable. TOTAL EQUIPMENT (Maximum: $1,000) -0- E. TRA VEC(Maximum.:<SI,OOO.)' . '. Not Applicable. TOTAL TRAVEL (Maximum: $1,000) -0- TOTAL BUDGET ESTIMA'fE,ALL CA TEG()lUES<' ....... $20,00YO / 2006-355 EXHIBITS D PA YMENT PROVISIONS 1. Contractor recognizes that funding for the Minor Decoy Program is contingent on the Department of Alcoholic Beverage Control receiving funding from the Office of Traffic Safety (Contract #AL-0697). 2. Payment of approval reimbursable costs (per Budget Details attached) shall be in an'ears and Made via the State Controller's Office. Invoices shall be submitted in triplicate on a quarterly basis in a format specified by the State. Failure to submit invoices and reports in the required fonnat shall relieve the State from obligation of payment. Payment will be in arrears based on acceptance of Contractors performance, pursuant to this agreement or receipt of an undisputed invoice, whichever occurs last. Nothing contained herein shall prohibit advance payments as authorized by Item 2100-001-3036, Budget Act Statutes of2004. 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 perfonnance hereof as are allowable under the provisions of Part I-IS of the Federal Procurement Regulations. a. Contractor shall be reimbursed quarterly in arrears. Contactors shall submit invoices in triplicate and addressed to the Grant Director. b. Contractors 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 Contract. If approved by the State, the revised Scope of Work and / or Budget Detail supersede and replace the previous documents bearing those names. A contract amendment will be required to implement any such change with the exception that changes in a budget line item of expense not to exceed five (5%) of the line item may be authorized requiring a contract amendment if the total amount of the contract remains unchanged. 2006-355 6. Contract agrees to refund to the State any amount 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 the Contractor in the perf01l11anCe of this agreement are the sole responsibility of Contractor. 8. The Department of Alcoholic Beverage Control may delete for 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-full1ished 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 retull1ed to the State upon expiration of this contract unless the State otherwise directs. 10. If travel is a reimbursable item, the reimbursement for necessary traveling expenses and pcr- diem shall be at rates set in accordance with Department of Personnel Administration rates set for comparable classes of State employees. No travel outside the State of Califomia shall be authorized. No travel shall be authorized outside the legal jurisdiction of Contractor without prior authorization by the State. 11. It is understood between the parties that this contract may have been written before ascertaining the availability of appropriation of funds, for the mutual benefits of both parties, in order to avoid program and fiscal delays that would occur if the contracts were executed after that determination was made. 2006-355 EXHIBIT E SPECIAL TERlYIS AND CONDITIONS I. Quarterly Perfom1ance Reports and Reimbursement Claims must be submitted by the Project Director to the ABC Project Director Kathleen Lenihan by January 15,2007 (five months), April 15, 2007, July IS, 2007, October IS, 2007, January IS, 2008, June 15,2008 (five months), during project operations. 2. Contractor shall provide a final Excculi\'C SUlllmary to ABC thirty days after temlination of the contract. 3. Final payment shall be released to the Contractor, upon the satisfactory completion of the ten11S and conditions of the contract and acceptance of the Contractor's final reports have been received by The Department of Alcoholic Beverage Control and the Office of Traffic Safety. a. Contractor shall not be authorized to cOPYTight the final report. any report, forms, or other material which is part of the work under the Contract, without prior written approval from the Department of Alcoholic Beverage Control and the Office of Traffic Safety. 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 Office of Traffic Safety, Alcoholic Beverage Control, the National Highway Traffic Safety Administration, or the Federal Highway Administration. 4. If, during the tenns of the grant award, federal funds become reduced or eliminated, ABC may immediately tell11inate or requce the grant award upon written notice to the Project Director. 5. No alteration or variation of the tenns of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties. 6. Any dispute conceming a question of fact arising under the 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 fumish a copy therefore 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 fumishes to the State a written appeal addressed to the Director, Department of 2006-355 Alcoholic Beverage Control or his duly authorized representative for a detel111ination of such appeals shall be final and conclusive unless detennined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly en.oneous as necessarily to imply bad faith, or not supported by substantial evidence. 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 with the perfonnance of the contract and in accordance with the decision of the State. 7. Either party may tenninate this agreement at any time for any reason upon ten (10) days written notice. No penalty shall accruc to either party bccausc of contract tennination. 8. By signing this agreement, Contractor certifies compliance with the provisions CCC 201, Standard Contract Certification Clauses. This document may be viewed at: w\\\\ .th.!s.ca.!.!o\)colltracts. 9. Both written and oral releases are considered to be within the context of publication. However, there is no intention to limit discussions 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. 10. All reports shall contain the following credit line: "In cooperation with the State of Califomia, Business, Transportation and Housing Agency, Office of Traffic Safety, the U.S. Department of Transportation, National Highway Traffic Safety Administration, and Federal Highway Administration. II. The Office of Traffic Safety, the National Highway Traffic Safety Administration, the Federal Administration, and the Department of Alcoholic Beverage Control, may review and inspect the Contractor's activities during the Progress of the program. 12. Contractor agrees to maintain all records and other evidence pertaining to costs incurred and work performed hereunder, and shall make them available at the Contractors California oftice during the contract period and thereafter for a period of three years from the date of receipt of final payment of federal funds. 13. 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. 14. 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, gi fts, or any other 2006-355 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. 15. 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 a\'ailable to the Department of Alcoholic Beverage Control or any State audit entity these sall1e materials pertaining to the perfom1ance 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. 16. It is mutually understood and agreed that no alteration or variation of the tenns of this contract shall be valid unless made in writing, signed by the parties hereto, and approved by all necessary parties. 17. The Contract will pem1it access to books, records, and accounts by the State, the Federal Highway Administration and I or the National Highway Traffic Safety Administration for purpose of investigation to ascertain compliance with the Nondiscrimination Clause. 18. 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.