AGR-6130.B - CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL - GRANT ASSISTANCE PROGRAM OCTOBER 1 2019 TO AUGUST 31 2020Agreement Number.20-OTS-11
Cily of Orange lhrough the Orange Police Department
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EXHIBIT A
SCOPE OF WORK
I. PROJECT REPRESENTATIVES
The project representatives during the term of this agreement will be:
Orange Police Department Department of Alcoholic Beverage Control
Nick Silver Diana Fouts-Guter, Grant Coordinator
1107 N. Batavia Street 3927 Lennane Drive, Suite 100
Orange, CA 92867 Sacramento, CA 95834
714) 744-7560 916) 928-9807
nsilver(orangepd.orq diana.fouts-quter(")a abaca.pov
Direct all fiscal inquiries to:
Hilda Montoya Kristine Okino, Grant Fiscal Analyst
1107 N. Batavia Street 3927 Lennane Drive, Suite 100
Orange, CA 92867 Sacramento, CA 95834
714)744-7522 916) 285-8507
hmontova(a oranpepd.org Kristine.okino(a abc.ca.aov
II. SCOPE OF WORK
Contractor agrees to implement the Department of Alcoholic Beverage Control (ABC) Minor Decoy,
Shoulder Tap Programs and conduct Informed Merchants Preventing Alcohol-Related Crime
Tendencies (IMPACT) Inspections. These Programs target both ABC licensed premises and
individuals who fumish alcoholic beverages to the 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 the education of licensee, enforcement
intervention and the impressions of omnipresence of law enforcement. In addition, Contractor agrees
to the following goals:
o The operation period of the grant is October 1, 2019 through August 31, 2020.
o Contractor agrees to raise public awareness that selling, serving and/or fumishing alcoholic
beverages to individuals under twenty-one years old is a criminal violation that will be prosecuted by
local city and district attorneys.
o Minor Decoy operations are designed to educate and deter licensed locations from
selling/furnishing alcohol to minors. Contractor agrees to conduct Minor Decoy Operations at both
On-Sale" and "Off-Sale" licensed establishments within the operation period of the grant.
Agreement Number.20-OTS-11
Ciry of Orange through the Orenge Police Department
Page 2 of 3
o Shoulder Tap operations are used to detect and deter adult furnishers outside of a licensed
business. Contractor agrees to conduct Shoulder Tap Operations at"Off-Sale" licensed locations to
apprehend adults that are unaffiliated with the licensed businesses and 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) primary goal is to
educate licensee's 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 Contractor agrees to establish and implement a coordinated effort between Contractor and ABC,
and acknowledges no operations will be conducted until after the Contractors representative has
completed training conducted by ABC.
o Contractor agrees to issue press releases as follows:
1. To announce the start of the program;
2. At the conclusion of each Minor Decoy Operation has been held (to announce the
number of licensed premises who sold to the minor decoy)
3. At the conclusion of each Shoulder Tap Operation has been held (to announce the
number of adults arrested for purchasing alcoholic beverages for the decoy).
o Contractor will fax (916)419-2599 or email each press release to the DepartmenYs Public
Information Officer(John.carrCa abc.ca.qov) as soon as it is released.
o Contractor agrees 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 Caiifomia Office of Traffic Safety
through the National Highway Traffic Safety Administration.
o Contractor agrees to complete and submit bi-monthly reports, on a format designed by the
Department of Alcoholic Beverage Control due no later than 15 days after operations conducted:
On or before January 15, 2020 (with results of operations October, November 8 December
2019)
On or before March 16, 2020 (with results of operations January& February 20 0)
On or before May 15, 2020 (with results of operations March 8 April 2020)
On or before July 15, 2020 (with results of operations May &June 2020)
On or before September 15, 2020 (with results of operations July &August 2020)
o Contractor agrees to submit an Executive Summary as paR of the final report due on or before
September 15, 2020. 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 personnei 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.
Agreement Number:20-OTS-1
City of Orange through the Orenge Police Deparlment
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4. Results—describe the results of the project in terms of ineeting 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, findinps, and
conclusions expressed in this publication are fhose of the authors and not necessarilv
those of the State of California. Business. Consumer Services and Housinq Aqencv. or
the Depa tment ofAlcoholic Beveraqe 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. 20-OTS-11
City of Orange through the Orange Police Department
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EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
I. INVOICING AND PAYMENT
For services sa[isfactorily rendered and upon receipt and approval of the invoice, the Department of
Alcoholic Beverage Control agrees to pay a bi-monthly payment of approved reimbursable costs per
the Budget Detail of personnel overtime and benefits (actual cost) and/or allowable costs associated
with the initial training.
Invoices shall clearly reference this contract number(20-OTS-11) and must not exceed the contract total
authorized amount of$18,000.00. Invoices are to be submitted on a bi-monthly basis, on the prescribed
form designed by the DepaAment of Alcoholic Beverage Control.
o First claim will be due on or before January 15, 2020 (for operations conducted in October,
November and December 2019).
o Second claim due on or before March 16, 2020 (for operations conducted January and
February 2020).
o Third claim due on or before May 15, 2020 (for operations conducted March and April 2020).
o Fourth claim due on or before July 15, 2020 (for operations conducted May and June 2020).
o Final claim due on or before September 15, 2020 (for operations conducted July and August
2020).
Submit to: Department of Alcoholic Beverage Control
Attn: Kristine Okino, Grants Fiscal Analyst
3927 Lennane Drive, Suite 100
Sacramento, California 95834
Travel costs for mandatory training will be reimbursed at the State rate. Travel costs should be
reported in the first claim.
Payment shall be made in arrears within 30 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, 2019 and on or before the project termination date, August 31,
2020.
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.
II. 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 shali not be
obligated to pertorm any provisions of this Agreement.
Agreement Number:20-OTS-11
City of Orange through the Orange Police Department
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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.
III. 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:20-OTS-11
Ciry of Orenge thmugh the Orange Police Department
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EXHIBIT D
SPECIAL TERMS AND CONDITIONS
1. 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 othenvise 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 othervvise 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.
2. CancellationlTermination: 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
paymenUinvoicing instructions/requirements. No penalty shall accrue to either party because of
contract termination.
3. 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.dqs.ca.qov/OLS/Resources/Paqe-ContenUOffice-of-Leqal-Services-
Resou rces-List-Fol de r/Sta ndard-Contra ct-Lana ua ae
4. 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.
RESOLUTTON N0. 11191
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE AUTHORIZING THE
ORANGE POLICE DEPARI'MENT TO ACCEPT
AN $18,000 ABC-OTS GRANT FROM THE
DEPARTMENT OF ALCOHOLIC BEVERAGE
CONTROL ANl) AUTHORIZING THE CITY
MANAGER TO EXECUTE ALL GRANf
DOCUMENTS ON BEHALF OF THE CITY.
WHEREAS, the California Department of Alcoholic Beverage Control (ABC), in
conjunction with the Califomia Office of Traffic Safety(OTS),has awazded the City of Orange a
grant in the amount of$18,000 through its ABC-OTS Grant Program;and
WHEREAS,the ABC-OTS Grant funds will be used for conducting police operations for
the enforcement of alcoholic beverage laws related to the sale and procurement of alcoholic
beveiages by minors and providing educational opportunities for ABC Iicensees;and
WHEREAS,using the ABC-OTS Crrant funds,the Orange Police Department will conduct
at least two of each of the following: Minor Decoy Operations, Shoulder Tap Operations, and
IMPACT (Informed Merchants Preventing Alcohol-Related Crime Tendencies)Operations; and
WHEREAS, the ABC-OTS C7rant funds received do not require matching funds of the
City.
NOW, THEREFORE,BE TT RESOLVED that the City Council of the City of Orange
does hereby:
I.Approve acceptance of funds fmm the State of Califomia,Department of Alcoholic
Bevetage Control ABC-OTS Grant Progtam in the amount of$18,000;
2. Approve ffie expenditure of the ABGOTS Grent funds for the purposes set forth
above; and
3. Authorize the City Manager to enter in a contract with the State regarding the Grant
and execute any and all ABC-OTS Grant documents.
ADOPTED this 14th day of January 2020.
U
Mazk A.Murphy,Mayor, ' af Orange
AT'TEST:
1/,[Jnn.Oa l1.lYLe.n _
Pamela Coleman, City Clerk, City of Orange
I, PAMELA COLEMAN, City Clerk of the City of Orange, Califomia, do hereby cectify
that the foregoing Resolution was duly and regularly adopted by the City Council of the City of
Orange at a regular meeting thereof held on the 14th day of January 2020,by the following vote:
AYES:COiJNCILMEMBERS: Alvazez,Murphy,Nichols, Monaco
NOES:COiJNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
C!f Vl dr
Pamela Coleman, City Clerk,City of Orange
Resolution Na. 11191 2