HomeMy WebLinkAboutResolution 2014-39 accepting State Grant funds - execution o U�( Dept. ID PD-14-007 Page 1 of 2
Meeting Date:7121/2014
R f
.,w CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 7/21/2014
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Robert Handy, Chief of Police
SUBJECT: Adopt Resolution No. 2014-39 accepting State Grant funds; authorize execution
of a one-year California Department of Alcoholic Beverage Control (ABC) Grant
Agreement in the amount of $50,000; and approve appropriation and
expenditure of funds on enforcing state laws regulating the sales of alcohol
Statement of Issue:
On June 6, 2014, the Police Department received notice of the award of a one-year grant through
the State of California, Department of Alcoholic Beverage Control (ABC) in the amount of $50,000.
The funds are intended for enforcement of state laws regulating the sales of alcohol.
Financial Impact:
Grant funds not anticipated in the original FY2013-14 city budget, estimated to be $50,000 will be
fully reimbursed by the grant from the Department of Alcoholic Beverage Control. No other
matching or in-kind city funds are required for this grant. A new fund will be established for this
funding.
Recommended Action:
A) Approve and authorize Chief of Police to execute the State of California, Department of
Alcoholic Beverage Control Grant Assistance Program Standard Agreement; and,
B) Adopt Resolution No. 2014-39, "A Resolution of the City Council of the City of Huntington Beach
Authorizing Application for and Acceptance of Grant Funds From the State of California Department
of Alcoholic Beverage Control and Authorizing Execution of the Grant Agreement;" and,
C) Approve the appropriation and expenditure of $50,000, of which is to be fully reimbursed by the
grant from the Department of Beverage Control.
Alternative Action(s):
Do not approve and direct staff accordingly.
Analysis:
The City has an exceptionally high per capita number of ABC licensed business establishments.
Currently, there are 396 active ABC licensed establishments in the City and certain regions in the
City have been deemed by the ABC to have an "undue saturation" of ABC licenses. The downtown
area falls in this category, with 41 ABC licensed establishments in a region allotted for five by the
ABC.
Item 4. - 1 HB -310-
Dept. ID PD-14-007 Page 2 of 2
Meeting Date:7/21/2014
Huntington Beach also hosts a number of special events throughout the year, including the Fourth
of July celebration and the US Open of Professional Surfing. These events bring in thousands of
tourists to the beach and downtown area which increases the number of alcohol related incidents.
The funds from this grant are intended to be used to target both ABC licensed establishments
citywide, as well as proactive enforcement operations during special events.
This grant provides funding for overtime reimbursement, equipment, and training to conduct
enforcement and administrative programs targeting underage drinking and alcohol related
violations. These programs will consist of the following:
• Coordinate ABC alcohol awareness training classes for employees of local ABC
establishments.
• Conduct business inspections of ABC establishments. Inspections will be performed using ABC
trained HBPD uniformed officers and ABC inspectors.
• Conduct undercover operations in the downtown area and beaches and during Special Events
to focus on alcohol related crimes (23152(a) VC- Driving Under the Influence, 647(f) PC-
Public Intoxication, 242 PC-Battery, and 25658(a) B&P- Furnishing Alcohol to a Minor)
• Conduct investigations of sales to overly intoxicated customers through the use of undercover
officers at ABC licensed establishments. The businesses will be chosen based on ABC license
saturation data, crime statistics and prior citizen complaints.
• Conduct investigations of furnishing alcohol to minors though use of minor decoys at ABC
licensed establishments. The areas will be chosen based on ABC license saturation data, crime
statistics and prior citizen complaints.
• Provide training to HBPD sworn officers on alcohol related enforcement and business education
techniques, focusing on ABC license saturated areas, such as the downtown Huntington Beach
District.
• Identify problematic ABC licensed establishments and provide additional training to these
locations.
• Issue two (2) press releases regarding the activities conducted under the ABC grant.
Upon the State approving a budget and the acceptance of this grant, the Police Department's Vice
Unit will schedule and initiate these enforcement programs
Environmental Status:
Not Applicable
Strategic Plan Goal:
Enhance and maintain public safety
Attachment(s):
#1 — State of California Standard Agreement #14G-LA12 between the Department of Alcoholic
Beverage Control and the City of Huntington Beach through the Huntington Beach Police
Department for the term of July 1, 2014 through June 30, 2015 and in the amount of $50,000.
(Three copies)
#2 — A Resolution No. 2014-39, "A Resolution of the City Council of the City of Huntington Beach
accepting grant funds from the State of California Department of Alcoholic Beverage Control and
Authorizing Execution of the Grant Agreement"
#3—An awarded letter dated June 6, 2014 in the amount of$50,000.
i iB -3 1- Item 4. - 2
� ATTACHMENT # 1
�
SIATF OF CAJEORNIA BUSINESS CONSUMER SERVICES ANQ Hni iSINC-ArFN^Y F lmims_�rown Jr C 4YElI9r
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
3927 -ennane Drive. Suite. IN
Sacramento, CA 95534y
(916)419-2500
August 8, 2014
Chief Robert Handy
Huntington Beach Police Department
2000 Main Street
Huntington Beach, CA 92648
Subject: Contract 14G-LA12
Dear Chief Handy:
Please find enclosed an approved copy of the above referenced contract entered
into between the Department of Alcoholic Beverage Control and the Huntington Beach
Police Department in the amount of$50,000.
If you have any questions, please feel free to give me a call at (916) 419-2572.
Sincerely,
Suzanne Pascual
Grant Coordinator
Enclosure
Cc: Sergeant Oscar Garcia, Project Director (no enclosure included)
Joan Flynn, Office of the City Clerk (original)
S ATE OF-?CALIFORNIA
STANDARD AGREEMENT
STD 213(Rev 06/03) AGREEMENT NUMBER
14G-LA12
REGISTRATIDN NUMBER
1. This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCY'S NAME
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
CONTRACTOR'S NAME - -
City of Huntington Beach through the Huntington Beach Police Department
2. The term of this July 1, 2014 through , June 30, 2015
Agreement is:
3. The maximum amount $50,000
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 4 page(s)
Exhibit B— Budget Detail and Payment Provisions 3 page(s)
Exhibit C*—General Terms and Conditions GTC 610
Check mark one item below as Exhibit D:
Exhibit- D Special Terms and Conditions (Attached hereto as part of this agreement) 1 page(s)
❑ Exhibit- D*Special Terms and Conditions
Exhibit E—Additional Provisions page(s)
Items shown with an Asterisk(*), are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at www dgs ca govlols/Resources/StandardContractLanguage.aspx
IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto.
CONTRACTOR California Department of General
Services Use Only
CDNTRACTDR'S NAME(if other than an individual,state whether a corporation,partnership,etc.)
City of Huntington Beach throo the Huntington Beach Police Department
BY(Authorized S' u e) DATE SIGNED(Do nat type)
I-L--Wf 7 Ali f
PRINTED NAME AND TITLE OF PERS N SIGNING
Robert Handy, Chief JENNIFER McGRATH,CityAftomw
ADDRESS .
2000 Main Street
Huntington Beach, CA 92648 Depv ' ���`��
STATE OF CALIFORNIA
AGENCY NAME
Department of Alcoholic Beverage Control
BY(Authorized SS t ) DATE SK3 EW(Do n type)
P SIGi�N?tlG ® Exempt per: SCM 4.04.(A)(3)
Ed Jim ez,Assistant Dk ector, Administration
ADDRESS
3927 Lennane Drive, Suite 100; Sacramento CA 95834
Exhibit A
SCOPE OF WORK
1. Summary
a. Agency Description:
The Huntington Beach Police Department (HBPD) is the third largest municipal police department in
Orange County. When fully staffed, HBPD consists of 238 sworn and 123 non-sworn personnel.
Currently, the department is staffed with 212 officers and 114 non-sworn personnel. The overall
responsibility for ABC establishment enforcement is with the Special Investigation Bureau (SIB) and the
Special Enforcement Team (SET). SIB consists of 6 detectives who are responsible for a multitude of
duties including the overall enforcement of the ABC establishments. SET is comprised of eight
uniformed- police officers who-assist with uniformed- inspections and ABC enforcement. . The SIB
Detectives work four, ten hour shifts, Tuesday through Friday. SET officers work three, eleven hour and
twenty five minute shifts per week with seven day coverage spread out over the week between the
officers. Minors for Minor Decoy Operations will be provided by the Huntington Beach Search and
Rescue team which has forty members under the age of 21.
The City of Huntington Beach has a population of 189,707. However, the daily population can easily
exceed 300,000 due to tourism and the nearly ten miles of beaches. The Huntington Beach Visitors
Bureau estimates over 11 million people visit Huntington Beach each year. The median age of the
population is approximately forty years old. There are 78,000 households with sixty percent home
owners.
b. )Funding Requested: $ 50,000
c. Goals and Objectives:
1) Conduct seven general enforcement operations in the Downtown Business District and the beach
focusing on alcohol related crimes, such as DUI, Public Intoxication, Battery, and Furnishing Alcohol
to a Minor.
2) Conduct five Impact inspection operations visiting ABC on-sale and off-sale licensed businesses in the
city.
3) Conduct two investigations for sales to overly intoxicated customers through use of undercover
officers.
4) Conduct three Minor Decoy and three Shoulder Tap operations focusing on preventing minors from
obtaining alcohol as well as the education of clerks and owners.
5) Conduct two Trap Door operations in the Downtown District to combat fraudulent ID by minors.
6) Host three"LEADS"training classes at HBPD for employees of local ABC establishments.
7) Issue four press releases regarding the activities conducted under the ABC grant.
8) Provide six roll call training sessions to HBPD officers on ABC laws, alcohol related enforcement, and
business education techniques.
d. Number of ABC Licensed Locations: Total-396
On-Sale: 231 Off-Sale: 137 Non Retail: 28
2. Problem Statement:
The City of Huntington Beach, also known as "Surf City, USA," is the fourth most populated city within
Orange County and has a population of 189,707 with over 390 ABC licensed establishments. Surf City is an
international tourism location where tourists come every day to visit its beaches, famous pier, and Downtown
Business District. Huntington Beach hosts many large events such as the US Open of Surfing, which can
bring over one hundred thousand daily visitors to the eight day event, and the Fourth of July Parade, which is
the largest parade west of the Mississippi.
The City of Huntington Beach experiences a high number of alcohol related crimes in comparison to other
nearby cities. These crimes include public intoxication, alcohol related fights and assaults on police officers,
possession and consumption of alcohol on the beach, minors in possession of alcohol, minors attempting to
purchase alcohol illegally, DUIs and traffic accidents related to alcohol.
The Downtown Business District (Main Street) is at the heart of the city's tourism area. This area currently
has forty five ABC licensed establishments, even though the Census District for the area is only allotted for
five licenses. The Reporting District (RD 451) for the Downtown Business District suffers from an
approximately 800% higher crime rate than the average Huntington Beach Reporting District. This area is
also where a high percentage of DUI drivers arrested in Huntington Beach admitted to have consumed
alcohol. This admission shows a problem of "over service" by employees of the Main Street bars and
restaurants. The over service problem is believed to be a key factor in Huntington Beach's 5t' place ranking
in 2012 for alcohol related traffic collisions out of 53 comparable cities. Glaring examples of the alcohol
problem are seen in three recent and tragic DUI incidents that stemmed from over service by restaurants in the
Downtown Business District. On 12/28/13, a DUI driver who had been drinking downtown crashed his car,
fled the scene, and was struck by an uninvolved vehicle and killed. On 12/31/13, a DUI motorcycle rider who
had been drinking downtown crashed while leaving the downtown area and died. On 2/9/14, a DUI driver
crashed his vehicle after leaving the downtown area where he was drinking, injuring himself, his two
passengers and seriously damaging three vehicles. All of these accidents occurred within two mules of the
Downtown Business District.
The City of Huntington Beach hosts the annual professional surfing national championships known as the US
Open of.Pro Surfing during the first week of August. Along with surfing, this event hosts BMX and
skateboarding competitions, retail sales, and a large concert venue. The event takes place at the Huntington
Beach Pier which is the heart of the Downtown Business District. The event brings over 100,000 visitors per
day to a beach area less than a quarter mile long. Over the past several years, police officers working the
event have been overwhelmed with the number of tourists bringing alcohol to the event. Since surfing,
skateboarding, and BMX events attract a younger audience, a high percentage of offenders with alcohol were
found to be minors. On the last day of the event in 2013, Huntington Beach had to manage a large
disturbance in the downtown area that was in part attributed to the over consumption of alcohol.
Huntington Beach has long dealt with the problem of minors obtaining and drinking alcohol. HPBD has
previously identified a major source where minors are able to obtain alcoholic beverages. During past ABC
sponsored Minor Decoy operations, efforts were focused on gas station mini-marts with off sale ABC
licenses. Detectives found it uncomfortably easy for the minor decoys to purchase beer from the clerks.
Detectives believe the reasons for this problem are insufficient training of the clerks and lack of enforcement
at these type locations. This problem is still prevalent today:
In 2011, the City of Huntington Beach annexed the unincorporated community of Sunset Beach and took over
police services that were formerly handled by the Orange County Sheriff's Department. The annexation
brought several new ABC establishments and miles of new beaches and tourist attractions. Due to continuing
budgetary constraints, the Huntington Beach Police Department was not able to add new officers to the
department as a result of the annexation. The department is authorized to have 238 officers, however, is
currently only budgeted for 212 officers. This reduction of personnel combined with the increase in
population, businesses, and growing popularity of special events has made it increasingly difficult for patrol
officers to keep up with the growing alcohol related problems.
3. Project Description:
The Huntington Beach Police Department would like to employ proven tactics and specific proactive
operations to combat the identified alcohol related problems the city is currently experiencing. The
Huntington Beach Police Department would like to expand the use of undercover officers integrated with
uniformed arrest teams to quickly deal with as many alcohol related incidents as possible. These operations
will be jointly conducted with ABC agents, to include both undercover and uniformed teams, especially
during larger special events such as the US Open-of Pro Surfing. Education through training classes, onsite
Impact inspections, and press releases will also be a priority under this grant.
To combat the problem of over service, the police department will utilize undercover detectives to identify
establishments and specific employees who violate over service regulations. Uniformed officers will be used
as the enforcement component to make arrests or issue citations. The uniformed officers will also provide
counseling to the establishments regarding ways to remain compliant with ABC regulations.
The same protocol of undercover officers working with uniformed officers will be utilized to locate and arrest
individuals who are in violation of public intoxication laws. The operations will be conducted during times of
above average crowds and tourism, such as holidays and special events. The operations will be supplemented
with detention officers and transportation vehicles and may have temporary booking facilities located in the
Downtown Police Sub Station that is located in the middle of the Downtown Business District or other nearby
location. The operations will allow patrol officers to be available in the field, taking away the time
consuming burden of transporting and booking a subject in violation of public intoxication laws.
During the US Open of Pro Surfing and other above average crowd days at the beach, including Sunset
Beach, the police department will again utilize small teams of undercover and uniformed officers. Due to the
effectiveness of past joint operations, HBPD will again partner with ABC agents to conduct these operations.
The undercover officers will be able to move undetected through the crowds to easily identify subjects,
especially minors, who are violating alcohol regulations. The undercover officers will utilize uniformed
Beach Detail officers who can quickly negotiate through the crowds on their quad all terrain vehicles to issue
citations and educate the public regarding alcohol laws. The use of undercover officers working with the
Beach Detail is indispensible as Beach Detail officers are usually unable to locate alcohol offenders as
subjects often hide their alcohol prior to their arrival.
Minor Decoy operations will. be employed throughout the city to reduce the chances of minors obtaining
alcohol. HBPD officers will specifically target locations which have generated citizen complaints, as well as
quick-marts and gas stations with off-sale ABC licenses as these locations have proven to be an easy source of
alcohol for minors. By visiting locations through Minor decoy operations, officers will be able to identify
non-compliant businesses and further educate employees and businesses on the importance of responsible
alcohol sales. This education will further,provide employees with the tools and knowledge necessary to
identify minors and intoxicated persons and prevent them from obtaining alcohol.
Uniformed officers will run Trap Door operations at Downtown Business District bars and restaurants to
identify minors who are using fraudulent ID cards to gain access to alcohol.
Grant funds will also be used for the education of employees and owners of ABC establishments to ensure
compliance with ABC regulations prior to violations occurring. Uniformed officers will visit on-sale and off-
sale establishments to conduct Impact inspections and provide literature and instructional materials for
employers. Uniformed officers will also conduct LEADS training with the assistance of ABC Investigators to
provide businesses with the training necessary to reduce the overall number of ABC violations by their
employees. Through the use of a Police Crime Analyst we will provide written reports and statistical data to
ABC establishments regarding the number and types of calls for service and arrests.
4. Project Personnel:
During the grant operation period of 2014-2015, Huntington Beach Police Department officers will staff ABC
Grant enforcement operations on an overtime basis due to staff shortages, and so officers can maintain their
normal duties. The enforcement operations will be managed by the six detectives assigned to the Special
Investigations- Bureau. The overall supervision will be handled by the Special Investigations Bureau
Detective Sergeant. Uniformed police officers from the Special Enforcement Team and Beach Detail will
supplement and provide support to complete all the described operations when requested by the Special
Investigation Detail.
Staffing requirements for each operation will vary and are listed below:
o Undercover operations on the city beach, including the US Open, will utilize six detectives, one
sergeant and six uniformed officers broken up into three separate arrest teams.
o "Overly Intoxicated Investigations"will utilize six detectives, one sergeant.
o Impact inspection operations will be handled by six police officers, working in teams of two, and
one sergeant.
o "Minor Decoy and Shoulder Tap" will utilize six detectives, one sergeant and an arrest team
consisting of two uniformed officers.
o "Trap Door" operations will utilize six uniformed officers and one sergeant and an arrest team
consisting of two uniformed officers.
o "Leads" training classes for employees of local ABC establishments will be instructed by local ABC
Investigators and two uniformed SET officers.
The below listed personnel will be used as the primary officers to staff the operations during the period of this
grant:
Name 'Title Name Title
Steven Fong #1124 Detective, SIB Shawn Randell #1174 Detective, SIB
Dan Quidort#2097 Detective, SIB Thoby Archer#1005 Detective, SIB
Shawn White#1002 Detective, SIB Rafael Mena#1163 Detective, SIB
Oscar Garcia #2113 Sergeant, SIB Michelle Bolt Office Assistant
Budget: See attached worksheet
BUDGET DETAIL ]Exhibit B
BUDGET CATEGORY AND LINE-ITEM DETAIL COST
(Round budget amounts
A. Personnel Services (Straight Time Salaries, Overtime, and Benefits) to nearest dollar)
A.1 Straight Time: : HBPD is not sufficiently staffed to perform the operations of this
grant on regular time. NA
Det/Ofcr: $38,380
A.2 Overtime: 508 hours of Detective/Officer pay @$75.55/hr;66 hour of Sergeant pay @ Sgt:$6,398
96.95/hr; 10 hours of crime analyst pay @$54.75/hr;20 hours of office support @$41.61/hr. Analyst:$548
Office Support:$832
A.3 Benefits: The City of Huntington Beach will pay for the benefits associated with NA
personnel performing this grant.
TOTAL PERSONNEL SERVICES $46,158
B. Operating Expenses (maximum $2,500)
The City of Huntington Beach will share costs of the operating expenses; a maximum of
$2,200 will be utilized for this grant. The funds will be used for decoy operations, $ 1,022
shoulder tap operations and narcotics investigation"buy funds", miscellaneous expenses
related to this grant.
TOTAL OPERATING EXPENSES $1,022
C. Equipment (maximum $2,500)
(Attach receipts for all equipment purchases to monthly billing invoice)
$2,000
A Body Wire will be purchased to assist detectives during surveillance and
protection of minor decoys during Minor Decoy and Shoulder Tap operations.
TOTAL EQUIPMENT $2,000
D. Travel Expense/Registration Fees (_maximum $2,000) _
(Registration fee for July 2014 GAP Conference attendee is $225 each)
$820
GAP Conference Fee ($225 x 2 Detectives), Lodging ($140 Per Diem/Day x 2
Detectives), Food ($45 Per Diem/Day x 2 Detectives)
TOTAL TRAVEL EXPENSE $820
TOTAL BUDGET DETAIL COST, ALL CATEGORIES $50,000
OTHER FUNDING SOURCES
Complete the following to report the total funds available to support the activities related to
accomplishing the goals and objectives of the contract. In the "Grant Funds" column, report the
ABC funds requested by category. In the "Other Funds" column, report all other funds available to
support the project by category (if none, leave blank). Then calculate the totals by category in the
"Program Total" column. Total each column down to arrive at the total program funds available.
(Round all budget amounts to the nearest dollar.)
BUDGET CATEGORY GRANT OTHER PROGRAM
FUNDS FUNDS TOTAL.
Personnel Services $46,158 $0 $46,158
Operating Expenses $1,022 $0 $1,022
Travel/Registration Fees $820 $0 $820
Equipment $2,000 $0 $2,000
TOTALS $50,000 $0 $50,000
(This form does not become part of the contract.)
PAYMENT PROVISION Exhibit B
Page 1 of 2
1. INVOICING AND PAYMENT: 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 monthYy 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, within 30 days of Department 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 authorized by Item 2100-
101-3036, Budget Act, Statutes of 2014.
2. 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 Grant
Assistance Scope of Work and/or Budget Detail supersede and replace the previous documents
bearing those names. No revision cannot exceed allotted amount as shown on Budget Detail.
The total amount of the contract must remain unchanged.
3. 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.
4. 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.
5. 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.
6. 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.
PAYMENT PROVISION Exhibit B
Page 2 of 2
7. Prior authorization by the State in writing is required before Contractor will be reimbursed for
any purchase order or subcontract exceeding $2,500 for any articles, supplies, equipment, or
services to be purchased by Contractor and claimed for reimbursement. Contractor must justify
the necessity for the purchase and the reasonableness of the price or cost by submitting three
competitive quotations or justifying the absence of bidding.
8. Prior approval by the State in writing is required for the location, costs, dates, agenda,
instructors, instructional materials, and attendees at any reimbursable training seminar,
workshop or conference, and over any reimbursable publicity or educational materials to be
made available for distribution. Contractor is required to acknowledge the support of the State
whenever publicizing the work under the contract in any media.
9. 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.
10.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.
Updated 1/10/14
Exhibit D
Special Terms and Conditions
1. Disputes: Any dispute 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 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.
2. Termination Without Cause: 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.
3. Contract Validity: This contract is valid and enforceable only if adequate funds are
appropriated in Item 2100-101-3036, Budget Act of 2014, for the purposes of this program.
4. Contractor Certifications: By signing this agreement, Contractor certifies compliance with
the provisions of CCC 307, Standard Contractor Certification Clauses. This document may
be viewed at www.ols.dgs.ca.gov/standard+language.
5. 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.
Updated 1/10/14
AT I ACHMENT #2
I
RESOLUTION NO. 2014-39
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH AUTHORIZING APPLICATION FOR AND
ACCEPTANCE OF GRANT FUNDS FROM THE STATE OF CALIFORNIA
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL AND
AUTHORIZING EXECUTION OF THE GRANT AGREEMENT
WHEREAS, the City of Huntington Beach desires to undertake a certain project
designated as Decoy, Shoulder Tap, Trap Door and Impact Operations, designed to reduce
underage drinking and other alcohol-related crimes, to be funded in part from funds available
through the Grant Assistance Program(GAP) administered by the Department of Alcohol
Beverage Control (hereafter referred to as ABC),
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
That the Police Chief, or his designee, of the City of Huntington Beach is authorized to
submit the attached proposal to the ABC, is authorized to accept Grant Funds and to execute, on
behalf of the City of Huntington Beach, the attached contract, including any extension or
amendments thereof and any subsequent contract with the State in relation thereto.
IT IS AGREED that any liability arising out of the performance of this contract,
including civil court actions for damages, shall be the responsibility of the City of Huntington
Beach. The State of California and ABC disclaim responsibility for any such liability.
BE IT FURTHER RESOLVED that grant funds received hereunder shall not be used to
supplant expenditures controlled by this body.
IT IS FURTHER AGREED that this award is not subject to local hiring freezes.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 21st day of July , 2014.
Mayor
REVrXD APPROVED: APPROVED AS TO FORM:
4
Ci ger ity Atto ey
INITIATED AND APPR ED:
I /
Police Chief
12-3406/81676
Res. No. 2014-39
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on July 21, 2014 by the following vote:
AYES: Katapodis, Hardy, Shaw, Harper, Boardman, Sullivan, Carchio
NOES: None
ABSENT: None
ABSTAIN: None
City rk and ex-officio Merk of the
City Council of the City of
Huntington Beach, California
ATTACHMENT #3
STATE OF CALIFORNIA—BUSINESS .ONS I4_ SERVICES AND HOUSING AGENCY Edmund G.Brown Jr Governor
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
3927 Lennane Drive,Suite 100
Sacramento,CA 95834
(916)419-2500 FAX(916)419-2599
June 6, 2014
Chief Robert Handy
Huntington Beach Police Department
2000 Main Street
Huntington Beach, CA 92648
Subject: Grant Contract 14G-LA12
Dear Chief Handy:
Enclosed are three (3) copies of the Standard Agreement STD 213 contract to be
entered into between the Department of Alcoholic Beverage Control and the
Huntington Beach Police Department. Please note that your contract has been
awarded for $50,000 instead of your requested Request for Proposal amount. Please
adjust your `Budget Detail' page to reflect the correct amount of the awarded grant.
To help expedite processing, please ensure below items are completed before returning
documents:
1. Submit adjusted `Budget Detail' —Exhibit B.
a. Operating Expense - Omit fuel & other miscellaneous items. Not
allowable cost. Please see Grantee Handbook, I.A.5., pg. 3.
2. Sign and return all three (3) copies to my attention. Each contract must have
an original signature.
3. A copy of your Governing Body's Resolution in acceptance of this funding'.
4. Include your Federal Taxpayer's Identification Number here g 5- 600021nd
return this document with the signed STD213's.
After we receive the above information from your agency, we will process the contract
package for approval. Upon approval, we will execute a fully signed contract for your
records.
If you have any questions, please feel free to me contact at (916) 419-2572.
Sincerely,
Suzanne Pascual
Grant Coordinator
Enclosures
Cc: Sergeant Oscar Garcia, Project Director (enclosure not included)
® City Of Huntington Beach
� - 200o Main Street ® Huntington Beach, CA 92648
(714) 536-5227 ® www.huntingtonbeachca.gov
. Office ®f the City Clerk
B ' Joan L. Flynn, City Clerk
July 23, 2014
Department of Alcoholic Beverage Control
ATTN: Suzanne Pascual, Grant Coordinator
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
Dear Ms. Pascual:
Enclosed are three originals of"Standard Agreement STD 213" and a certified copy of
Resolution No. 2014-39 authorizing application for and acceptance of Grant Funds from
the Department of Alcoholic Beverage Control.
Upon complete execution, please return one original to us. Please mail the document to:
Joan L. Flynn
City Clerk
2000 Main Street
-Huntington Beach CA 92648
Feel free to contact me if there are any questions or concerns at (714) 536-5404.
Thank you very much for your assistance.
Sincerely,
Joan L. Flynn, CIVIC
City Clerk
JF:pe
Enclosure
Sister Cities: Anjo,Japan ® Waitakere, New Zealand
STATE OFQA IFL ORNIA—B I4� INESS CONSL "ERVICES.A^n uni c^c or.FNr Y Edmund G Brown overnor
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL '
3927 Lennane Drive, Suite 100
Sacramento,CA 95834
(916)419-2500
May 16, 2014
Chief Robert Handy
Huntington Beach Police Department
2000 Main Street
Huntington Beach, CA 92648
Dear Chief Handy:
Congratulations! Your agency has been selected by the Department of Alcoholic
Beverage Control to receive funding for your 2014/2015 GAP grant proposal in the amount of
$50,000. We look forward to working with your department to meet the goals and objectives
in your proposal. (1 �
A grant contract will be forthcoming within the next couple of weeks which re uire
resolution from your agency's governing body. A sample resolution was included in the /
Request for Proposal packet. Due to the fact that these resolutions have to be put on
your governing body's calendar, we ask that you do this as soon as possible. .
We are planning a two and a half-day training conference July 7-9, 2014, at the
Embassy Suites San Diego Bay —Downtown. The conference can accommodate two
attendees from each agency and it is recommended that your Project Director and the officer
assigned to the grant program attend.
This conference will offer valuable training in alcohol enforcement and will also be
an excellent opportunity for the officers and deputies from your agency to meet and share
information with others. Attendees are encouraged to utilize a pre-registration session on
Sunday, July 6, from 4:00 — 5:00 p.m. in order to expedite the registration on the next day.
A block of rooms at a special conference rate of$149.00 plus tax has been reserved
for grant agency participants.' PLEASE NOTE THAT ATTENDEES MUST MADE
RESERVATIONS BY THE HO'TEL'S DEADLINE OF JUNE 13, 2014, to guarantee the
special room rate or availability. There will be a $225.00 registration fee per person for the
Based on the State regulations we are unable to reimburse those agencies that are within a 50 mile radius from the Embassy Suites
San Diego Bay-Downtown. The distance is based on the agency's physical headquarters address. Agencies that fall in this category
are: Chula Vista Police Department, La Mesa Police Department,Oceanside Police Department and San Diego County
for the aforementioned agencies will be limited to the registration fee only.
Sheriff's Department. Travel reimbursable costs
May 16, 2014
Page 2
training that is reimbursable through the grant. Space at the hotel is limited and late
registrants may be referred to nearby hotels.
Participants must contact the Embassy Suites Hotel directly to make reservations.
Below are two options:
1. Go to http•//embassysuites hilton com/en/es/g.roups/personalized/S/SANDNES-ABC-
20140703/indexPubml?WT.me id=POG. This link is specific to the Alcoholic Beverage
Control GAP Conference, or
2. Call 619-239-2400 main desk at Embassy Suites San Diego Bay —Downtown, or 1-
800- EMBASSY (800-362-2779) and ask for the ABC Grant Assistance Program
discount rate.
Due to the short time frame for registering at the hotel, your prompt attention is
appreciated The special room rate will only be available until June 13, 2014, or until the
group block is sold out, whichever comes first. We have also enclosed a conference
registration form to be filled out and returned using the same time frame.
If you have any questions, please call Grant Coordinator Suzanne Pascual at (916)
419-2572.
S' cere
i
Timothy Gorsuch
Director
Enclosure
Cc: Sergeant Oscar Garcia, Project Director