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HomeMy WebLinkAboutState of California, Department of General Services - 2020-07-01 SCO ID: 2100-20APP16 STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(if Applicable) STD 213(Rev.03/2019) 20-APP16 ABC-2100 1.This Agreement is entered into between the Contracting Agency and the Contractor named below: CONTRACTING AGENCY NAME Alcoholic Beverage Control CONTRACTOR NAME City of Huntington Beach through the Huntington Beach Police Department 2.The term of this Agreement is: START DATE July 1,2020 THROUGH END DATE June 30,2021 3.The maximum amount of this Agreement is: $62,302.00 Sixty two thousand three hundred two dollars and no cents 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. Exhibits Title Pages Exhibit A Scope of Work 2 Exhibit B Budget Detail and Payment Provisions 3 Exhibit C* General Terms and Conditions 4 Exhibit D Special Terms and Conditions 1 + Attachment RFP Scope of Work 8 - RFP Items shown with an asterisk(*),are ere y-incorporated by reference and made part of this agreement as dottached hereto. These documents can be viewed at https://www.dys.co.gov/OLS/Resources IN WITNESS WHEREOF,THIS AGREEMENT HAS BEEN EXECUTED BYTHF PARTIES HERETO. CONTRACTOR CONTRACTOR NAME(if other than an individual,state whether a corporation,partnership,etc.) City of Huntington Beach through the Huntington Beach Police Department CONTRACTOR BUSINESS ADDRESS CITY STATE JZIP 2000 Main Street Huntington Beach CA 92648 PRINTED NAME OF PERSON SIGNING TITLE Robert Handy Chief of Police CON AUT ORIZED SIGNAT i DATE SIGNED / r Page 1 of 2 scow: 2100-20APP 16 STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT F----AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(if Applicable) STD 213(Rev.03/2019) 20-APP16 ABC-2100 STATE OF CALIFORNIA CONTRACTING AGENCY NAME Alcoholic Beverage Control CONTRACTING AGENCY ADDRESS CITY STATE ZIP 3927 Lennane Drive,Suite 100 Sacramento CA 95834 PRINTED NAME, � PERSON SIGNING TITLE Pattye Nelson a Chief,Business Management Branch CONTRA AUTHORIZED SIGNATURE DATE SIGNED CALIFORNIA DEPA/ ENT OF GENERAL SERVICES APPROVAL EXEMPTION(if Applicable) APPR E AS TO By: -! MI L ,GA CITY ATTORNEY CITY OF HUINTINGTON BEACH Page 2 of 2 . Agreement Number: 2O,APP16 City of Huntington Beach through the Huntington Beach Police Department Page of EXHIBIT A SCOPE OF WORK 1' SCOPE OF WORK ° Contractor agrees to implement the Department of Alcoholic Beverage Control (ABC), Alcohol Policing Partnership program. This pn]gr8nl is intended to work with law enforcement agencies to develop an effecdve, comprehensive and strategic approach to eliminate the crime and public nuisance problems associated with problem alcoholic beverage outlets. • Contractor agrees to irnp|ennen1/\BC'a Minor Decoy. Shoulder Tap Programs and conduct Informed Merchants Preventing Alcohol-Related Crime Tendencies (|K8P/\CT) Inspections. Thome PnuQnarna target both ABC licensed premises and individuals who furnish alcoholic beverages to the underage operators. The project is targeted to reduce underage drinking and the resultant DUI driving injuries and fata|ibeo, and/or property donnagea, reduce youth access to alcoholic beverages through the education of licensee, enforcement intervention and the i[DprRsSiUDS of omnipresence of |avv enforcement. |n addition, Contractor agrees to the following goals: 1. The operation period ofthe grant io July 1. 2O2O through June 3O. 2O21. 2. Contractor agrees to raise public awareness that ae||ing, serving and/or furnishing' alcoholic beverages to individuals under twenty-one years old is a criminal violation that will be prosecuted by local City and district attorneys. 3. Minor Decoy operations are designed toeducate and deter licensed locations from selling/furnishing alcohol to minors. Contractor agrees to conduct Minor Decoy Operations etboth "On-8m|e" and ''C)ff-8m|e" licensed establishments within the operation period of the grant. 4. Shoulder Tap operations are used to detect and deter adult furnishers outside of licensed business. Contractor agrees toconduct Shoulder Tap Operations at ^{}ff-Sa|e'' licensed locations to apprehend adults that are unaffiliated with the licensed businesses and who are purchasing o|oOho| for minors outside of the stores within the operation period of the grant. 5. Informed K8erCh8Ota Preventing Alcohol-Related Crime Tendencies (IMPACT) primary gO8| into 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 "(}n-S8|8" and "Off-Sale" licensed locations within the operation period of the grant. 111' GOALS AND OBJECTIVES 1. Conduct at least five /5\ Undercover operations in the [>ovvnton Business District and the beach. 2. Conduct at least two (2) IMPACT operations 3. Conduct at least two /2\ Minor Decoy operations 4. Conduct at least two (2) Shoulder Tap Open3U0Ds . Agreement Number: 2O,APP1S City cf Huntington Beach through the Huntington Beach Police Department Page 2cf 2 5. Conduct ot least one (1) Trap Door operation 0. Conduct at least eight /O\ Roll Call tnaininQe on ABC |avve. alcohol-ra| ,ted enforcement and business education techniques. 7. Send out notifications at least twice (2) regarding the Online LEAD training G. Issue at least two (2) press releases and five (5) social media postings regarding special enforcement operations and other activities under this grant Contractor agrees to issue press na|aomaa as follows: A. To announce the start of the program; B. At the conclusion of each Minor Decoy Operation has been held (to announce the number of licensed premises who sold to the minor decoy) C, 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). B. Contractor will fax (916) 419-2599 or email each press release to the Department's Public Information Officer ( ) @n soon aaitiareleased. 10. Contractor agrees in all press releases, in addition to any credits the agency wishes to give, will include the following statement: "This project isportofthe [}epodrnantof/\/coho|icBevenage CDntrV|'s/\|cOho/ Policing Partnership." Contractor agrees to complete and submit monthly reports, on a format designed and provided by the Department of Alcoholic Beverage Control due no later than 15th of the following month. IUU' PROJECT REPRESENTATIVES The projectnepneSentabv8odUringtheter[n0fthis8gveeDleOtvvi|| be: Huntington Beach Police Department Department Of Alcoholic Beverage Control Joke Knox, Sergeant Tony Lee, /\PPAgent 2OUO Main Street 3027Lennane Drive, Suite 1OO Huntington Beach, CA 92048 Sacramento, CA 05834 (714) 538-5587 (760) 522-8160 Direct all fiscal inquiries to: Huntington Beach Police Department Department Vf Alcoholic Beverage Control Kathy Baldwin, Account Tech || KrietinoC)kino. Grant Coordinator 2OOO Main Street 3827LeOnaOe Drive, Suite 1OO Huntington Beach, CA 94607 Sacramento, CA 95834 Agreement Number: 20-APP16 City of Huntington Beach through the Huntington Beach Police Department Page 1 of 3 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS 1. INVOICING AND PAYMENT • For services satisfactorily rendered and upon receipt and approval of the invoice, the Department of Alcoholic Beverage Control agrees to pay a monthly payment of approved reimbursable costs per the Budget Detail of personnel overtime and benefits (actual cost) and/or allowable costs. • Invoices shall clearly reference this contract number (20-APP16) and must not exceed the contract total authorized amount of$62,302.00. Invoices are to be submitted on a monthly basis, on the prescribed form designed by the Department of Alcoholic Beverage Control. Submit to: Department of Alcoholic Beverage Control Attn: Kristine Okino, Grant Coordinator 3927 Lennane Drive, Suite 100 Sacramento, California 95834 • Payment shall be made in arrears within 30 days from the receipt of an undisputed invoice. Nothing contained herein shall prohibit advance payments as authorized by Item 2100-101-3036, Budget Act, Statues of 2021. • Contractor understands in order to be eligible for reimbursement; cost must be incurred on or after the effective date of the project, July 1, 2020 and on or before the project termination date, June 30, 2021. • Revisions to the "Scope of Work" and the "Budget Detail" may be requested by a change request letter submitted by the Contractor. If approved, the revised Grant Scope of Work and/or Budget Detail supersedes and replaces the previous grant and will initiate an amendment. No revisions can exceed allotted amount as shown on the Budget Detail. The total amount of the grant must remain unchanged. • 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. • 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. • 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 grant unless the State otherwise directs. • 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 this grant in any media. . . Agreement Number: 2U-\PP1O City of Huntington Beach through the Huntington Beach Police Department Page 2of3 11' BUDGET DETAIL Agreement Number: 20-APP1S City uf Huntington Beach through the Huntington Beach Police Department Page 3of3 III. BUDGET CONTINGENCY CLAUSE * It is nnUfuaUy 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 pnognyrn. 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/\n[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. • Due to current and on-going fiSC8| uncertainty caused by the COV|D-19 crisis, the grantee may spend no more than fifty percent (509&) of the grant amount without prior written authorization from the Department. The Department intends to authorize expenditures beyond the amount of fifty percent (5096) should its fioom| condition 8||nvv. IV- PROMPT PAYMENT CLAUSE • Payment will be made in accordance with, and within the time specified in. Government Code Chapter 4.5, commencing with Section 827. . Agreement Number: 20-APP18 City of Huntington Beach through the Huntington Beach Police Department Page of EXHIBIT C GENERAL TERMS AND CONDITIONS 1 APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not cOD1DleDCe performance until Such 8pp[Ovo| has beenobtained. 2. : No amendment or variation of the terms of this Agreement shall be valid unless made in vvriting, signed by the parties and approved as required. NO oral understanding or Agreement not incorporated in the Agreement is binding DO any of the parties. 3. : This Agreement ie not assignable by the Contreutor, either inwhole orin part, without the consent ofthe State in the form ofa formal written amendment. 4. : Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audite, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain Such P8CO[dS for pOSSib|a audit for a nnininnunn of three (3) years after final paynnent, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal buSiO8SS hours and to @||ovv interviews of any employees who might reasonably have information related to such records. Furthar. Contractor eQnseo to include a einni|mr right of the State to audit n*novda and interview staff in any subcontract related to performance of this Agreement. /Gnv. Code §B546.7. Pub. Contract Code 8]0| l5 etacq., CCR Title 2` Section 1896l 5. : Contractor agrees Lo indennnifv, defend and save harmless the State, its o0ioena, agents and employees from any and all o|ainnm and losses accruing or resulting to any and all oontraotoro, subcontractors, suppliers, |aborens, and any other person, firm or corporation furnishing or supplying work services, rnateria|s, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing Or resulting to any peneon, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement. 6. : Contractor shall continue with the responsibilities under this Agreement during any dispute. 7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the be|onne. if any, shall be paid to the Contractor upon demand. 8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of CoOt[a{tor, in the performance of this Agreement, shall act in an independent capacity and not as officers or gnnp|oyema or agents of the State. Agreement Number:2O-APP1S City of Huntington Beach through the Huntington Beach Police Department Page 2of4 9. RECYCLING CERTIFICATION: The Contractor shall certify iD writing under penalty of pegury, the nninirnunn, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 122OQ. With respect tV printer Or duplication cartridges that comply with the requirements of Section 12158(e), the certification required by this subdivision shall specify that the cartridges ao comply (Pub. Contract Code §12205). 10. NOWDISCRI M I NATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract's benefits to any person on the basis of roue, religious creed, oo|ur, national origin, anceatry, physical disability, mental diaabi|itv, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because ofrace, religious Creed. cO|Or. national origin, ancestry, physical disability, mental disability, medical CODditioD, genetic information, marital status, sex, gender, gender identity, gender expression, age, maxuo| orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900et seq.)' the regulations promulgated thereunder ([|a|. Code Rega.. tit, 2. §11OOOetaeq.). the provisions of Article 9.5. Chapter 1. Part 1. Division 3. Title 2mf the Government Code (Gov.Code G§11135-11139.5). and the regulations or Standards adopted bythe awarding state agency to implement such article. Contractor shall permit 8CCesm by representatives of the Department of Fair Enlp|oyOl8Dt and Housing and the awarding state agency upon reasonable notice at any time during the normal business houre, but in no 000e less than 24 hours' nodoe, to such of its booko, nacorda, accounts, and all other sources of information and its facilities us said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. {}ode Rega.. Ut. 2.§11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. 11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto. 12. TIMELINESS: Time ienfthe essence inthiaAgnaennent. 13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided. 14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the |avvS of the State of California. 15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if . . ' Agreement Number:2Of\PP10 City of Huntington Beach through the Huntington Beach Police Department Page 3of4 G. The Government Code Chapter on Antitrust claims contains thefollowing definitions: 1\ "Public purchase" means a purchase bymeans of competitive bids Vfgoods, services, or materials by the State or any of its p0|ihCa| subdivisions or public agencies onwhose behalf the Attorney General may bring an action pursuant ho subdivision (o) of Section 18750of the Business and Professions Code. 2\ "Public purchasing body" means the State or the subdivision oragency making a public purchase. Government Code SeoUon455O. b. |n submitting a bid t0G public purchasing body, the bidder offers and agrees that if the bid is acoeoted, it will assign to the purchasing body all righte, tit|e, and interest in and to all causes of action it may have under Section 4of the Clayton Act (15 U.G.C. Sec. 15) 0r under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment tothe bidder. Government Code SectiVO4552. C. If an awarding body or public purchasing body receives, either through judgment or settlement, 8 monetary recovery for ocause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble dannaQee, attributable to overcharges that were paid by the assignor but were not paid by the public body 8S part Of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing bythe assignor, the assignee shall, within one year from such deOland, reassign the cause of action assigned under this part if the assignor has been Or may have been injured byth8viO|8tiODOf |8vvfDrvvhichtheomVSeOf8OtiOO arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554. 16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of$10O.00O. the contractor acknowledges in accordance with Public Contract Code 7110, that: a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal |avve relating 1ochild and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, aS provided iD Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b. The contrmotor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. . . . Agreement Number:20,uPP1S City of Huntington Beach through the Huntington Beach Police Department Page 4of4 17. UNENFORCEABLE PROVISION: |n the event that any provision of this Agreement im unenforceable or held to be unenforceable, then the parties agree that all other provisions Of this Agreement have force and effect and shall not be affected thereby, 18. PRIORITY HIRING CONSIDERATIONS: |f this Contract includes services in excess of $200.000. the Contractor shall give priority consideration in filling vacancies in positions funded bythe Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200in accordance with Pub. Contract Code G1O353. 19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION, REQUIREMENTS:REPORTING 8. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period aS may be specified elsewhere inthis Contract) report to the awarding department the actual percentage mf small business participation that was achieved. (Govt. Code §14D41.) b. |f for this Contract Contractor made acommitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(e) that participated in the performance ofthe Contract; (3) the amount each [)VBE received from the prime Contractor; (4) that all payments under the Contract have been made to the [}VBE; and (5) the actual percentage of IDVBE participation that was achieved. A person or entity that knowingly provides false information ShQ|| be subject to 8 civil penalty for each violation. (yWi|� & V�t�� (�Ode � B98��/d\� Govt. {��d� � 14841.) ` ^ ` '. � ^ 20. LOSS LEADER: If this contract involves the furnishing of equipment, nnoteria|o, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to oe|| or use any article nr product mo a ''|oaa leader" as defined in Section 17030 of the Business and Professions Code. /PCC 10344(e).\ AQn*oman Numhac2O,APP1O City of Huntington Beach through the Huntington Beach Police Department Page of EXHIBIT D SPECIAL TERMS AND CONDITIONS 1. Disputes: Any disputes CDDDeDling a question of fact arising under this contract which is not disposed of by agreement eho}| be decided by the [}ireotor. Department of Alcoholic Beverage CODtno|, or designee, who shall reduce his decision in writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Department shall be final and conclusive uO|een. within 30 days from the date of receipt of such copy. the Contractor rnoi|m or otherwise 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 e court of competent jurisdiction to have been fraudu|ant, oapricioua, arbitrary, or so gn}5S|y erroneous as necessarily to imply bad feith. or not supported by aubotenbo| evidence. In connection with any appeal proceeding under this c|auae, the contractor Sho|| be afforded an opportunity to be heard and to offer evidence in support Of its appeal. Pending final decision of a dispute heneunder. Contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the State. 2. Cancellation/Termination: 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 payment/invoicing instructions/requirements. 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 2100-101-3038. Budget Act Df2O21. for the purposes of this program. 4. COOt[@ctO[ Certifications: By signing this agreement, Contractor certifies compliance with the provisions ofCCC 04/2017. Standard Contractor Certification Clauses. This document may be viewed at: 5. If the State determines that the grant project is not achieving its g0G|8 and objectives on eohedu|e, funding may be reduced by the State to reflect this lower level of project aotivitv and/or omnoe| the agreement.