Resolution No. 6636228
RESOLUTION NO. 6636
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, MODIFYING THE ADOPTED BUDGET FOR FISCAL YEAR
2017 -18 TO ACCEPT $31,297 IN GRANT ASSISTANCE PROGRAM FUNDS
ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF
ALCOHOLIC BEVERAGE CONTROL
WHEREAS, the City Council of the City of Cypress desires to undertake a certain
project designated as the Alcoholic Beverage Control Grant to be funded in part from
funds made available through the Grant Assistance Program ( "GAP ") administered by
the Department of Alcoholic Beverage Control (hereafter referred to as "ABC "); and
Whereas, in order to receive such funds available through the GAP, the City and
the ABC must enter into a grant contract ( "Grant Contract ").
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. That the City Manager of the City of Cypress is authorized to
execute on behalf of the City Council of the City of Cypress the Grant Contract, which is
attached hereto as Exhibit 1, including any extensions or amendments thereof and any
subsequent contract with the State of California and ABC in relation thereto.
SECTION 2. That the City Council agrees that any liability arising out of the
performance of the Grant Contract, including civil court actions for damages, shall be
the responsibility of the grant recipient and the authorizing agency. The State of
California and ABC disclaim responsibility for any such liability.
SECTION 3. That grant funds received hereunder shall not be used to supplant
expenditures controlled by the City Council and straight time hours charged to the grant
will not be backfilled with grant funds.
SECTION 4. That this award of funds from the GAP is not subject to local hiring
freezes.
SECTION 5. That this resolution shall take effect immediately upon its adoption
by the City Council, and the City Clerk shall certify the vote adopting this resolution.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 10th day of July, 2017.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
YOR OF THE CITY OF CYPRESS
I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY that
the foregoing Resolution was duly adopted at a regular meeting of the said City Council
held on the 10th day of July, 2017, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Berry, Johnson, Yarc, Peat, and Morales
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
3927 Lerman Drive, Suite 100
Sacramento, CA 86834
(818) 419-2500 FAX (918) 419 -2599
June 1, 2017
Chief Rod Cox
Cypress Police Department
5275 Orange Avenue
Cypress, CA 90630
Subject: Grant Contract 17G -LA1O
Dear Chief Cox:
RECEIVED
JUN 0 6 2017
POU E DEPARTMENT
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 Cypress Police
Department for the total amount of $31,297.
To help expedite processing, please ensure below items are completed before returning
documents.
1. Sign and return all three (3) copies to my attention. Each contract must have an
original signature.
2. A copy of your Governing Body's Resolution in acceptance of this funding.
3. Include your Federal Taxpayer's Identification Number here
and return this document with the signed STD213's.
4. Retum within 60 days of receiving letter /package. If you cannot, please contact me,
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, I can be reached at 916- 419 -2572 or
suzarrne.pascual, @abc,ca.g v_.
Sincerely,
Suzanne Pascual
Grant Coordinator
Enclosures
Cc: Sergeant Scott Ausmus, Project Director (enclosure not included)
STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213 (Rev 03/03)
AGREEMENT NUMBER
17G-LA10
REGISTRATION NUMBER
T his Agreement is entered into between the State Agency and the Contractor named below:
9- ATE AO EM1Cre NAME
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
S NAME
City of Cypress through the Cypress Police Department
2. The term of this
Agreement is:
3. The maximum amount
of this Agreement is:
July 1, 2017 through June 30, 2018
$ 31,297
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
Exhibit B — Budget Detail and Payment Provisions
4 page(s)
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 - 0* Special Terms and Conditions
Exhibit E Additional Provisions
Li
page(s)
Items shown with an Asterisk CI are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at iyycig&.,G
IN WITNESS WHEREOF, thls Agreement has been ex,
CONTRACTOR
Si! „it,t t
•d by the parties hereto.
CONTRACTOR'S NAME Of other than an inatveual, state wherhera corporation, partneranie, etc)
City of Cypress through the Cypress Police Department
tio
BY (Authottroci Signature) DATE nor )
PRINTED NAME AND TITLE OF PERSON SIGNING
Rod Cox, Chief
ADDRESS
5275 Orange Avenue
Cypress, CA 90630
STATE OF CAUFORNIA
AGENCY NAM
Department of Alcoholic Beverage Control
BY (Authoriz9d Signature)
.4t
PP NTED NAME AND TTLE OF PERSON SIGNING
PE11 tye Nelson, Chief, Business Management Branch
ADDRESS
3927 Lennane Drive, Suite 100, Sacramento CA 95834
SCOPE OF WORK
Summary
A. Agency Description
Exhibit A 231
The Cypress Police Department is located in northwestern Orange County on the Los Angeles County border.
The Police Department has fifty -five sworn officers and is divided into three divisions: Operations,
Investigations, and Administration. Management and supervision is provided by a Chief, three Commanders,
one civilian manager, ten Sergeants, and a civilian supervisor. Forty -one of the Department's fifty -five sworn
personnel are dedicated to the delivery of patrol services. In addition to the fifty -five officers, the department is
supported by twenty -three civilian employees and numerous volunteers and an annual budget of approximately
15 million dollars. The Department strives to identify and solve issues that threaten the quality of life in our
city. Many of the crimes that affect our city arise from issues and problems involving alcohol abuse. The
Department prides itself on the wide range of specialty services it provides the community including a Criminal
Investigations Bureau, Special Investigations Unit, two canine teams, Vice and Intelligence, Traffic Safety
Bureau, Personnel & Training, P.A.C.E. program, S.W.A.T. and a Lead Police Officer program. In addition,
the Department has established Community Policing as the philosophy for providing public safety services.
73% of the Cypress population is 18 and over. The City of Cypress is predominantly white (48%) with a high
Asian population (31%). The City hosts a total of 81 licensed establishments. There are 33 Off -Sale
establishments and 48 On -Sale establishments.
The City of Cypress covers almost 7 square miles and has a population of approximately 49,290 residents (US
Census 2015). The City maintains a very successful business park, which includes many well -known
corporations. Cypress is home to Cypress City College. Cypress College has a student population of
approximately 16,153. Many of the 16,153 students are under the age of 21. Cypress is also home to the Los
Alamitos Race Track, one of the largest quarter horse racing facilities in the United States with an average daily
attendance of 1,000 patrons. With the City of Cypress being on the L.A. County border and adjoining 12
different policing jurisdictions, including the United States Military Joint Forces Training Center, brings
challenging policing issues to the Police Department.
B. Funding Requested
The Cypress Police Department is requesting total funding in the amount of $31,297. This funding will assist
with directed enforcement towards alcohol related problems in the community as well as provide education and
training for patrol officers, detectives and businesses. Besides funding for ABC related operations • and
expenses, the grant funds will also support attendance of two Cypress Police Department personnel at an ABC
State conference as well as educating the community and ABC license holders using the LEADS curriculum. A
strong commitment to the grant program demonstrates the importance of directed alcohol enforcement and the
value placed upon a partnership with ABC.
C. Goals and Objectives
The Cypress Police Department will focus on three major goals;
1.) To provide LEADS training to ABC licensed businesses within the City of Cypress.
2.) Limit the availability of alcohol to underage persons with a focus on the safety of the
City College, Cypress High School and Oxford Academy.
is at Cypress
Exhibit A 232
SCOPE OF WORK
3.) Identify the problem locations which are involved in illegal activities to include, but not limited to,
alcohol and narcotics.
The 2017-2018 goals for the Cypress Police Department will be supported by the below mentioned objectives;
OBJECTIVES FOR GOAL 1
1.) Two (2) detectives shall attend an ABC conference during the grant period to become familiar with
relevant ABC laws, formal process, and various types of investigations associated with ABC enforcement.
2.) Conduct (2) LEAD training seminars for local business owners and licensees in partnership with ABC
agents.
OBJECTIVES FOR GOAL 2
1.) Conduct (4) minor decoy operations.
2.) Conduct (4) shoulder tap operations.
3.) Cypress Police Department will partner with Cypress College Public Safety and Cypress High School
imiministration to exchange information, assist with reported alcohol related problems, and promote safe non-
alcoholic events.
OBJECTIVES FOR GOAL 3
1.) Visit (25) On-Sale licensed premises to ensure businesses are operating within compliance of the law.
2.) Conduct (4) IMPACT inspection operations with the assistance from ABC agents.
3.) Conduct (4) uniformed "safety patrol" operations.
4.) Conduct (4) undercover operations of ABC licensed premises suspected of narcotics dealing,
prostitution, and/or gambling during the grant period.
5.) Conduct (4) undercover operations to identify On-Sale licensed premises operating outside of their
license (Unlawful possession of Distilled Spirits).
6.) Issue (2) Press Releases to the media to highlight accomplishments throughout the grant period and
publish to the Department's Facebook and Twitter accounts.
D. Number of ABC Licensed Locations
There are eighty-one (81) licensed establishments within the City of Cypress. The establishments are spread
out within the community and range from basic Type 41 License's (On-Sale Beer and Wine) to more unique
Type 52 (Veteran Services). The ratio of licenses to residents is 1:608. However, this ratio does not include the ••••
16,153 students at Cypress City College or the Los Alamitos Race Track daily attendan.ce. All ABC
management, accountability, and licensing within the City of Cypress is handled by the members of the Cypress
Police Department Special Investigations Unit.
2. Problem Statement
The Cypress Police Department strives to identify and solve specific problems that threaten the safety and
quality of life in the community. Based upon city statistics, alcohol abuse contributes to crimes that adversely
affect the community.
In reviewing Driving Under the Influence arrests for 2016, there were a total of sixty-five (65) arrests made.
Type 48 alcohol establishments had the highest nexus to the number of DUI arrests. Of all of the Type 41
alcohol establishments within the City, very few were DUI related. In reviewing the seventy-nine (79) assaults
(spousal battery) for the past year, at least nineteen (19) were documented by the investigating officer as being
alcohol-related. From January 1, 2014 through December 31, 2016, there were twenty (20) liquor law
Exhibit A 233
SCOPE OF WORK
violations that occurred within the City of Cypress. These violations varied from serving alcohol to minors,
furnishing alcohol to minors, servicing alcohol after hours and public intoxication.
Due to the fact alcohol involvement was not consistently reported in these types of criminal reports, a direct
correlation of alcohol consumption and the location it was consumed cannot be drawn. However, of the reports
that were documented, the majority of people consuming alcohol had done so within City limits.
The City of Cypress continues to experience criminal activity and violence around certain identified problem
locations. These include On -Sale licensed businesses, typically located in the north end of the City. Several
alcohol establishments continue to be the center for criminal activity. In October 2016, a male was stabbed in
the neck with a knife after both the victim and suspect became engaged in a physical altercation inside a
licensed establishment at 6072 Lincoln Avenue. On a separate night in October 2016, a male victim was kicked
in the head and ultimately transported to the hospital after he and the suspect became involved in an argument.
At 4360 Lincoln, a male victim was hit over the head with a 4' x 4' piece of wood. The victim lost
consciousness, was transported to the hospital and received 16 staples in his head. In February 2011, a man was
shot to death and two others wounded in a motel adjacent to an alcoholic establishment (5591 Lincoln).
Investigation of that case revealed the suspect was drinking alcohol in that same establishment prior to the
shooting. In March 2008, a man was hit over the back of his head with a pool cue at a licensed establishment
(4360 Lincoln) which resulted in his death. In March 2004, a 22 -year old female was shot and killed and
several others seriously injured from gunshot wounds at a licensed establishment (4300 Lincoln).
Furthermore, during the last year there have been 117 calls for service involving various types of criminal
activity at the Los Alamitos Race Track. There are two locations within the Race Track that possess a valid
Type 47 On -Sale General for a Bona Fide Eating establishment license. The calls for service ranged from
vehicle burglaries committed in the parking lot to possession of illegal narcotics and drunk in public. Of the
117 calls at the Race Track, 22% were directly related to alcohol and/or drugs.
While these types of incidents may or may not be directly attributed to the alcoholic establishments themselves,
the majority of the problems are centered on them. In addition to these violent examples, narcotics dealing
around these locations in the north end of Cypress are a common occurrence. Receiving the grant funds will
assist in focused and saturated enforcement.
In 1998, the United States Department of Justice conducted a study entitled, "Alcohol and Crime: An Analysis
of National Data on the Prevalence of Alcohol Involvement in Crimes." Of note in that study was that 67% of
the offenders involved in a domestic violence dispute had been consuming alcohol prior to the incident. In
reviewing the 42 domestic violence - related aggravated assaults (corporal injury to spouse/cohabitant) in
Cypress over the past year, 8 were documented as alcohol - related, which represents 20% of the domestic
violence- related aggravated assaults. However, due to the Cypress Police reporting system not consistently
capturing whether alcohol was a factor and if so, where it was consumed, the fact the aforementioned
establishments were not noted lacks the foundation to draw an accurate conclusion.
3. Project Description
One of the goals is to identify and ensure compliance of ABC regulations at 25 separate licensed locations
commonly known to commit related violations. The Cypress Police Department will then conduct the
following directed enforcement operations to create a safer City in correlation with aggressive ABC
Exhibit A 234
SCOPE OF WORK
enforcement while simultaneously lowering alcohol related offenses;
1. Conduct (4) minor decoy operations. The goal is to lower the number of citizens within the City who are
not afraid to furnish alcohol to minors, or who do not understand the effects of furnishing alcohol to minors.
2. Conduct (4) shoulder-tap operations. The goal is to lower the number of citizens within the City who are
not afraid to purchase alcohol for minors, and/or who do not understand the effects of purchasing alcohol for
minors.
3. Conduct (2) LEAD training seminars for local business owners and licensees. This goal is to offer and
maintain education to the local establishments and their personnel on ways to deal with their patrons, inform
them of who they can and cannot serve, and why they should or should not serve certain patrons.
4. Issue (2) Press Releases to the media to highlight accomplishments throughout the grant period. The goal is
to educate the public regarding various laws related to alcohol law violations and to establish a partnership
between the Police Department, media, and general public.
5. Conduct (4) uniformed "safety patrol" operations. The goal will be to conduct uniformed "bar checks" or
various locations throughout the City, enforce various alcohol-related crimes, and establish a relationship
with business owners/employees and the general public through high visibility.
6. Conduct (8) undercover operations. The goal will be to lower the number of alcohol and narcotic-related
crimes within the City while focusing on higher profile businesses that attract criminal activity.
In addition to conducting the aforementioned undercover operations, the Cypress Police Department
experiences a higher volume of calls during the weekends. Some of these calls are directly related to loud
parties, where alcohol is being served, generating various calls of DUI's. The "safety patrol" will be utilized by
the Department to supplement patrol with the alcohol-related calls for service.
The Cypress Police Department has not received an ABC grant in over ten years. As a result, officers in patrol
are not educated with up-to-date laws and applicable sections related to ABC enforcement at licensed
establishments. The Cypress Police Department will take the opportunity to attend ABC tailings, establish a
working partnership with local ABC officers, and conduct in-house training for officers in patrol. However, the
Police Department has received several grants from the Office of Traffic Safety enforcing programs such as
"Buzzed Driving is Drunk Driving," "Avoid the 28," and DUI grants. During each of these grant periods, the
Cypress Police Department has proven to be successful at lowering the number of drunk drivers operating
vehicles on the roadway while educating the public about the consequences of alcohol abuse.
4. Project Personnel
The Cypress Police Department's Special Investigations Unit will be the primary unit responsible for the
management of the grant. Sergeant Scott Ausmus will provide management oversight of all the grant functions
and be responsible for the day to day organizing and planning. Sergeant Ausmus has over 12 years' experience
working as a police officer, 5 years working as a detective and with the Department of Alcoholic Beverage
Control staff. Two detectives within the Special Investigations Unit also have knowledge and training in
undercover operations, which will be utilized in some of our operations to help lower alcohol related offenses.
Those detectives are Detective Sanchez and Detective McShane. Based on the criteria provided, I believe the
Cypress Police Department should be considered to receive funds to participate in the Grant Assistance
Prograrn. The Chief of Police has made an eager commitment to ensure this Department will participate in, and
successfully carry out any obligations set forth in the grant program budget Thank you for your consideration.
BUDGET DETAIL
Exhibit 1i3 5
BUDGET CATEGORY AND LINE -ITEM DETAIL
COST
d budget amount
Personnel Services (Straight Time Salaries, Overtime, and Benefits) to,earest doit,�r)
A.1 Straight Time
Detective I $39.5081/hour x40 hours - $1,580.32
Detective II $48.0151 /hour x40 hours - $1,920.60
Sergeant I $55.7277/hour x40 hours - $2,229.11 $5,730
A.2 Overtime
Detective I $61.23 76/hour x68 hours - $4,164.15
Detective II $74.4234/hour x68 hours - $5,060.79
Sergeant I $86.3779/hour x68 hours - $5,873.70 $15,099
A.3 Benefits
Fringe Rate & Medicare (OT)
Detective I - $1,868.92 + $60.38
Detective II - $1,868.92 + 873.38
Sergeant I - $2,511.33 + 885.17 $6,468
TOTAL PERSONNEL SERVICES $27,297
B. Operating Expenses (maxim um $2,500)
Decoy Operations, Shoulder Tap Operations, and N
Money"
Investigation "Buy
$2,000
TOTAL OPERATING EXPENSES 82,000
C. Equipment (maximum 52,500)
A ch receipts for all equipment purchases to monthly billing invoice)
80
urveillance equipment, tactical vests, police clothing for operations
TOTAL EQUIPMENT
$0
D. Travel Expense/Registration Fees (maximum 52,500)
egistration fee for July 2017 GAP Conference attendee is 8275 eac
Registration fee for July GAP Conference for two (2) attendees at $275 each
Travel, per diem, and lodging for GAP conference
$550
$1,450
TOTAL TRAVEL EXPENSE $2,000
TOTAL BUDGET DETAIL COST, ALL CATEGORIES
236
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 monthly 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 2017.
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 can 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
responsiblefor 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.
237
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 bythe 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 1/27/17
238
GTC 610
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 commence
performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid
unless made in writing, signed by the parties and approved as required. No oral understanding or
Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in
part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services,
the Bureau of State Audits, 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 records for possible audit for a minimum of three
(3) years after final payment, unless a longer period of records retention is stipulated. Contractor
agrees to allow the auditor(s) access to such records during normal business hours and to allow
interviews of any employees who might reasonably have information related to such records.
Further, Contractor agrees to include a similar right of the State to audit records and interview
staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub.
Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its
officers, agents and employees from any and all claims and losses accruing or resulting to any
and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation
furnishing or supplying work services, materials, or supplies in connection with the performance
of this Agreement, and from any and all claims and losses accruing or resulting to any person,
firm or corporation who may be injured or damaged by Contractor in the performance of this
Agreement.
6. DISPUTES: 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 balance, if any, shall be paid to
the Contractor upon demand.
239
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor,
in the performance of this Agreement, shall act in an independent capacity and not as officers or
employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of
perjury, the minimum, 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
12209. With respect to printer or duplication cartridges that comply with the requirements of
Section 12156(e), the certification required by this subdivision shall specify that the cartridges so
comply (Pub. Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor
and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any
employee or applicant for employment because of sex, race, color, ancestry, religious creed,
national origin, physical disability (including HIV and AIDS), mental disability, medical
condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Contractor
and subcontractors shall insure that the evaluation and treatment of their employees and
applicants for employment are free from such discrimination and harassment. Contractor and
subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov.
Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California
Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair
Employment and Housing Commission implementing Government Code Section 12990 (a-f), set
forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated
into this Agreement by reference and made a part hereof as if set forth in full. 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.
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 307 are hereby incorporated by reference and made a part of this
Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
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 laws of the State of California.
240
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if
these services or goods are obtained by means of a competitive bid, the Contractor shall comply
with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or
materials by the State or any of its political subdivisions or public agencies on whose behalf the
Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the
Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public
purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is
accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of
action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or 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 to the bidder.
Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or
settlement, a monetary recovery for a cause 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 damages, attributable
to overcharges that were paid by the assignor but were not paid by the public body as 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 by the assignor, the assignee shall, within one year from such
demand, reassign the cause of action assigned under this part if the assignor has been or may
have been injured by the violation of law for which the cause of action 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 $100,000, 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 laws relating to child and family support
enforcement, including, but not limited to, disclosure of information and compliance with
earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5
of Division 9 of the Family Code; and
b. The contractor, 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.
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17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is
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: If this Contract includes services in excess of
$200,000, the Contractor shall give priority consideration in filling vacancies in positions funded
by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200
in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING
REQUIREMENTS:
a. 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 in this Contract) report to the awarding
depai talent the actual percentage of small business participation that was achieved. (Govt. Code
§ 14841.)
b. If for this Contract Contractor made a commitment 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(s) that
participated in the performance of the Contract; (3) the amount each DVBE received from the
prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5)
the actual percentage of DVBE participation that was achieved. A person or entity that
knowingly provides false information shall be subject to a civil penalty for each violation. (Mil.
& Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER:
If this contract involves the furnishing of equipment, materials, or supplies then the following
statement is incorporated: It is unlawful for any person engaged in business within this state to
sell or use any article or product as a "loss leader" as defined in Section 17030 of the Business
and Professions Code. (PCC 10344(e).)
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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 2017, 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 http : //www,dgs., coo_ v /ol/ Resources /StandardContractL.argu ge.aspx
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 1/27/17
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CCC -307
CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly
authorized to legally bind the prospective Contractor to the clause(s) listed below. This
certification is made under the laws of the State of California.
Contractor /Bidder Firm Name (Printed)
Federal ID Number
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed
Executed in the County of
CONTRACTOR CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with
the nondiscrimination program requirements. (Gov. Code § 12990 (a -f) and CCR, Title 2,
Section 8103) (Not applicable to public entities.)
2. DRUG -FREE WORKPLACE REQUIREMENTS: Contractor will comply with the
requirements of the Drug -Free Workplace Act of 1990 and will provide a drug -free
workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession or use of a controlled substance is prohibited and specifying
actions to be taken against employees for violations.
b. Establish a Drug -Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug -free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug -free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment
on the Agreement.
Failure to comply with these requirements may result in suspension of payments under
the Agreement or termination of the Agreement or both and Contractor may be ineligible
for award of any future State agreements if the department determines that any of the
following has occurred: the Contractor has made false certification, or violated the
certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et
seq.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies
that no more than one (1) final unappealable finding of contempt of court by a Federal
court has been issued against Contractor within the immediately preceding two -year
period because of Contractor's failure to comply with an order of a Federal court, which
orders Contractor to comply with an order of the National Labor Relations Board. (Pub.
Contract Code § 10296) (Not applicable to public entities.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO
REQUIREMENT: Contractor hereby certifies that contractor will comply with the
requirements of Section 6072 of the Business and Professions Code, effective January 1,
2003.
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Contractor agrees to make a good faith effort to provide a minimum number of hours of
pro bono legal services during each year of the contract equal to the lessor of 30
multiplied by the number of full time attorneys in the firm's offices in the State, with the
number of hours prorated on an actual day basis for any contract period of less than a full
year or 10% of its contract with the State.
Failure to make a good faith effort may be cause for non - renewal of a state contract for
legal services, and may be taken into account when determining the award of future
contracts with the State for legal services.
5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an
expatriate corporation or subsidiary of an expatriate corporation within the meaning of
Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the
State of California.
6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or
corresponding accessories, or the procurement of equipment, materials, or supplies, other
than procurement related to a public works contract, declare under penalty of perjury that
no apparel, garments or corresponding accessories, equipment, materials, or supplies
furnished to the state pursuant to the contract have been laundered or produced in whole
or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal
sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or
with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under
penal sanction, abusive forms of child labor or exploitation of children in sweatshop
labor. The contractor further declares under penalty of perjury that they adhere to the
Sweatfree Code of Conduct as set forth on the California Department of Industrial
Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.
b. The contractor agrees to cooperate fully in providing reasonable access to the
contractor's records, documents, agents or employees, or premises if reasonably required
by authorized officials of the contracting agency, the Department of Industrial Relations,
or the Department of Justice to determine the contractor's compliance with the
requirements under paragraph (a).
7. DOMESTIC PARTNERS: For contracts over $100,000 executed or amended after
January 1, 2007, the contractor certifies that contractor is in compliance with Public
Contract Code section 10295.3.
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of
California.
1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions
regarding current or former state employees. If Contractor has any questions on the
status of any person rendering services or involved with the Agreement, the awarding
agency must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code § 10410):
1). No officer or employee shall engage in any employment, activity or enterprise from
which the officer or employee receives compensation or has a financial interest and
which is sponsored or funded by any state agency, unless the employment, activity or
enterprise is required as a condition of regular state employment.
2). No officer or employee shall contract on his or her own behalf as an independent
contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code §10411):
1). For the two -year period from the date he or she left state employment, no former state
officer or employee may enter into a contract in which he or she engaged in any of the
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negotiations, transactions, planning, arrangements or any part of the decision - making
process relevant to the contract while employed in any capacity by any state agency.
2). For the twelve -month period from the date he or she left state employment, no former
state officer or employee may enter into a contract with any state agency if he or she was
employed by that state agency in a policy - making position in the same general subject
area as the proposed contract within the 12 -month period prior to his or her leaving state
service.
If Contractor violates any provisions of above paragraphs, such action by Contractor shall
render this Agreement void. (Pub. Contract Code § 10420)
Members of boards and commissions are exempt from this section if they do not receive
payment other than payment of each meeting of the board or commission, payment for
preparatory time and payment for per diem. (Pub. Contract Code § 10430 (e))
2. LABOR CODE /WORKERS' COMPENSATION: Contractor needs to be aware of the
provisions which require every employer to be insured against liability for Worker's
Compensation or to undertake self - insurance in accordance with the provisions, and
Contractor affirms to comply with such provisions before commencing the performance
of the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it
complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits
discrimination on the basis of disability, as well as all applicable regulations and
guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
4. CONTRACTOR NAME CHANGE: An amendment is required to change the
Contractor's name as listed on this Agreement. Upon receipt of legal documentation of
the name change the State will process the amendment. Payment of invoices presented
with a new name cannot be paid prior to approval of said amendment.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting
agencies will be verifying that the contractor is currently qualified to do business in
California in order to ensure that all obligations due to the state are fulfilled.
b. "Doing business" is defined in R &TC Section 23101 as actively engaging in any
transaction for the purpose of financial or pecuniary gain or profit. Although there are
some statutory exceptions to taxation, rarely will a corporate contractor performing
within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must
be in good standing in order to be qualified to do business in California. Agencies will
determine whether a corporation is in good standing by calling the Office of the Secretary
of State.
6. RESOLUTION: A county, city, district, or other local public body must provide the
State with a copy of a resolution, order, motion, or ordinance of the local governing body
which by law has authority to enter into an agreement, authorizing execution of the
agreement.
7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor
shall not be: (1) in violation of any order or resolution not subject to review promulgated
by the State Air Resources Board or an air pollution control district; (2) subject to cease
and desist order not subject to review issued pursuant to Section 13301 of the Water
Code for violation of waste discharge requirements or discharge prohibitions; or (3)
finally determined to be in violation of provisions of federal law relating to air or water
pollution.
8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all
contractors that are not another state agency or other governmental entity.
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