Resolution No. 6687RESOLUTION NO. 6687
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
MODIFYING THE ADOPTED BUDGET FOR FISCAL YEAR 2018-19 TO ACCEPT $28,866
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 APPROVED AND ADOPTED by the City Council of the City of Cypress at
a regular meeting held on the 25th day of June, 2018.
L/ rrri
MAY*' IF H" CITY OF CYPRESS
ATTEST
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
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
25th day of June, 2018, by the following roll call vote:
AYES. 5 COUNCIL MEMBERS: Johnson, Morales, Yarc, Berry and Peat
NOES. 0 COUNCIL MEMBERS: None
ABSENT 0 COUNCIL MEMBERS. None
I.LJc i. tAdv) 61/)
CITY CLERK OF THE CITY OF CYPRESS
012
;rmTF CF CALIrORNIA — BUSINES .CONSUMER SERVICE $ MID HQDSINAGcbcv
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
3927 Lennene Drive. Surte 100
Sacramento, CA 95634
(916) 419-2500 FAX (916) 419-2599
May 31, 2018
Chief Rod Cox
Cypress Police Department
5275 Orange Avenue
Cypress, CA 90630
Subject: Grant Contract 18G-LA10
Dear Chief Cox:
013
[mw a a al gm, 4L Cankeau
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 $28,866.
To help expedite processing, please ensure below items are completed before returning
documents.
1. Sign all three (3) STD 213 sets. Each 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 STD 213's.
4. Return to my attention at the above letterhead address within 60 days of receiving
letter/package. If you cannot, please contact me.
After receipt of the above information from your agency, 1 will process the contract package
for approval. Upon approval, we will execute a fully signed contract for your records.
If you have any questions, 1 can be reached at (916) 419-2572 or
Suzanne pascual6iabc.ca gov
Sincerely,
Suzanne Pascual
Grant Coordinator
Enclosures
Cc: Sergeant Scott Ausmus, Project Director (enclosure not included)
RECEIVED
JUN 4 2018
POLICE DEPT
STATE OF GAL1FORNIA
STANDARD AGREEMENT
STD 213 (Rev 08/03)
014
AsAEEMbNr N/NEER
18C-1,410
FE
APER
hi Agreemert is entered into between the Stale Agency and ine Contractor named below
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
NrR eCTOP- IME
City of Cypress through the Cypress Police Department
2 The term of this
Agreement is
Th( GlaAIMUM amount
of this Agreement is,
July1, 2018 through lune 30 2019
$ _2x Soh
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
Erhmit A — Scope of Work
• p :Jet,
Exhibit B — Budget Detail and Payment Provisions 3 page(s)
Exhibit Ce— General Terms and Conditions
Check mark one dem below as Exhibit D:
Exhibit D Special Terms and Conditions (Attached hereto as part of this agreement)
Exhibit D' Special Terms and Conditions
Exhibit E — Additional Provisions
GTC 04/2017
1 page(s)
Gage,
Items shown math an Astensk r), are hereby Incorporated by reference and made part et rho agreement as d attached hereto.
These documents can be viewed al www dos segQvrols/Resources5al aderdContraclLgaguaee aspx
IN WITNESS WHEREOF this Agreement has been executed by the parties hereto.
CONTRACTOR
CONTRACTOR'S NAME Of MAT tan iMw4ue( stare wmrror a =patron. pe enhro ekI
City of Cypress through the Cypress Police Department
Er (Awrlonnd Sye, el ( DAT[ 51GNEDOP
PRINTED NAME AND TITLE OF PERSON ROWING
Rod Cox, Chief
POORE35
3275 Orange Avenue
Cypress, CA 9063(1
STATE OF CALIFORNIA
AGENCY NAME
Department of Alcoholic Beverage Control
BY sumo zee Spnem
DATE SIONEorr
PRINTED NAME AND TITLE OP PERSON SIGNING
Pattye Nelson, Chief. business Management Branch
ADORES
3927 Icnnane Drive, Suite 100, Sacramento CA 95834
Callfarnfa Department or General
Services Use Only
Exempt pe SCM 4.04 (A)(9)
SCOPE OF WORK
1. SUMMARY
A. Agency Description
Exhibit A
015
The Cypress Police Department is located in Orange County on the Los Angeles border. The Cypress Police
Department is comprised of 55 sworn police officers, 23 civilian support staff with numerous volunteers. The
Police Department is divided into three divisions: Operations, Investigations, and Administration. Overall
management and supervision within the police department is provided by a Chief, three Commanders, ten
Sergeants, and a civilian supervisor. Forty-one of the Department's fifly-five swum personnel are dedicated to
the Operations Division with a focus on patrol activities. In addition to the Operations Division, the
Investigations Division encompasses a Criminal Investigations Bureau and Special Investigations Unit. The
Criminal Investigations Bureau (CMB) is designed and administered to investigate and suppress all violators of
law related to General Investigations, Homicide, Sex Crimes, Family Violence, Economic and Computer
Crimes. The Special Investigations Unit (SIU) is designed to investigate crimes against the general public.
commonly referred to as vice or 'victimless' crimes. Most of the crimes investigated by SIU involve narcotic
trafficking, drug abuse, prostitution, illegal gambling, and various crimes related to alcohol enforcement such as
underage drinking, sales to minors, and license violations. The Special investigations Unit works as a 'plain
clothes detail and has worked in an undercover capacity several times, to include various operations with ABC
agents. Other services provided by the Cypress Police Department include two canine teams, a Traffic Safety
Bureau, Homeless Liaison Officers, the West County S.W.A T team, P.A.C.E. program, and Personnel and
Training.
According to the Census Bureau 2017 the City of Cypress is predominately Caucasian (41%) with a strong
Asian population of 32%. 19% of the population is Hispanic and the remainder of the 8% is divided amongst
African American, American Indian, Pacific Islander, and other non -disclosed races. The City of Cypress is
approximately 7 square miles with a total population of approximately 49,000 residents. The city is also home
to Cypress City College with approximately 16,000 students enrolled each year. Due to the fact Cypress
College is a community college; most enrolled students are under the age of 21. Another attraction within the
city is the Los Alamitos Race Track which averages a daily attendance of approximately 1,000 patrons.
However, at the time of writing this grant, there is an active proposal to rezone the location to convert the 155
acres to 1,250 units of single-family residences, apartments, and senior housing. Amongst the residential
housing, there would be a 17.5 acre town center which would include restaurants, shops and entertainment.
Many of these locations would also be requesting a license to sell alcohol. Currently, there are eighty-six (86)
licensed establishments within the City of Cypress. Thirty-three (33) of those locations possess an active Off -
Sale license while the remaining fifty-three (53) possess an active On -Sale license.
B. Funding Requested
In 2017 the total number of arrests made by the Cypress Police Department was 1019. Of those arrests,
approximately 35% were related to alcohol or alcohol was present in some way This percentage is
significantly higher if narcotics were included. The Cypress Police Department is requesting $28,866 in order
to assist the department with providing resources aimed at education and enforcement as it pertains to various
problems associated to alcoholic crimes.
C. Goals and Objectives
016
Exhibit A
SCOPE OF WORK
In order to accomplish our goals and objectives, we are requesting $28,866 in grant funding The funds
provided by the grant will allow the Cypress Police Department Special Investigations Unit to accomplish the
following goals:
1) Educate licensed businesses, employees, and police officers within the City regarding venous alcohol
related violations and the dangers associated with the various violations.
2) Reduce the number of alcohol related crimes within the City of Cypress, to include the service of alcohol to
minors.
3) Identify and successfully prosecute ABC licensed establishments who disregard and violate the law.
4) Provide a safer environment in the areas around licensed establishments for residents and visitors.
5) Reduce the drain on limited resources caused by alcohol related incidents throughout the city.
These goals will be attained by completing the following objectives:
EDUCATION
Schedule and coordinate 2 LEAD programs.
• Coordinate and conduct 2 IMPACT/ROSTF (Informed Merchants Preventing Alcohol Related Crime
Tendencies) operations to educate licensees on how to reduce alcohol related crimes in their
establishments.
• Conduct at least 2 roll call warnings to our patrol officers regarding ABC laws and how to enforce them.
Conduct 2 'Obviously Intoxicated' person operations — (Objective will be to educate businesses)
ENFORCEMENT
Conduct 4 'Shoulder Tap' operations at ABC establishments identified as problematic.
Conduct at least 2 MINOR DECOY programs at ABC licensed establishments.
Conduct 4 discretionary/undercover operations while working alongside ABC agents to enforce alcohol
related violations and successfully prosecute those ABC licensed establishments who operate outside the
legal parameters.
MEDIA RELATIONS
• Issue 2 Press Releases to the media to highlight accomplishments throughout the grant period.
D. Number of ABC Licensed Locations
There are a total of eighty-six (86) active retail licenses issued in Cypress by the California Department of
Alcoholic Beverage Control. There arc fifty-three (53) On -Sale licenses and thirty-three (33) Off -Sale licenses
issued to establishments in the City of Cypress by ABC.
2. PROBLEM STATEMENT
Alcohol related problems and violations are a great concern to the community members of the City of Cypress.
Driving under the Influence, public intoxication, and underage drinking are only some of the alcohol-related
issues which all contribute to effecting the resident's safety and quality of life. Within the past few years, the
State of California, including the County of Orange have seen a significant exponential increase in the homeless
population. The City of Cypress was no exception to this growth. Over the past two years, the homeless
population has grown since 2016. Along with the increase in population, this has added to the alcohol related
calls for service the Police Department is required to respond to and address various issues. In an effort to help
alleviate some of the responses to the aforementioned calls for service involving the homeless population within
017
Exhibit A
SCOPE OF WORK
the city, the Police Department recently created 5 Homeless Liaison Officer (I LO's) positions Al] 5 positions
are uniformed officers driving marked police vehicles within the city and are assigned throughout the week and
cover dayshifl as well as nightshift. 4 of the positions are the rank of officer and the last position is a sergeant
providing supervision for the assignment. In combination with creating these 5 positions, the Police
Department also contracted with a company, City Net, aimed at providing services to reach out to the
unsheltered homeless population. In December 2017 the City of Cypress contracted with City Net as part of
the City's participation in the North Orange County Public Safely Task Force. The task force was established
in response to addressing youth violence prevention and homelessness intervention at the local level In
creating the aforementioned specialties, officers have realized the significant impact alcohol had in direct
relahon to responding to calls for service involving the homeless.
The Cypress Police Department works in conjunction with the West Justice Center Courthouse for ABC related
violations. The District Attomey's Office supports the Cypress Police Departments efforts, goals and vision to
reduce alcohol consumption and sales of alcohol to habitual drunkards, as well as obviously intoxicated
individuals. The Police Department also makes it a priority to reduce alcohol consumption by minors in the
community as well as the means in which they are able to obtain alcohol. Over the past year, the Cypress
Police Department Special Investigations Unit enjoyed a cooperative relationship with ABC and forwarded
cases for admimstrahve review.
Within the City of Cypress are 33 (thirty-three) Off -Sale licenses, The Cypress Police Department identified
some of the locations as centers for problems stemming from these businesses. As a direct result, the Police
Department recognizes these businesses present a problem for law enforcement by creating an undue number of
calls for service. Approximately 30% of these businesses are located along Lincoln Avenue which is a major
street connecting Cypress to the City of Hawaiian Gardens (LA County) and the west end of the City of
Anaheim. Also located along Lincoln Avenue are the majority of our motels and some of the lower income
housing. Approximately 21% of our On -Sale licensed locations also are located along Lincoln Avenue. All of
the aforementioned locations are where 90% of our homeless population is located (claiming residency). All of
these issues in combination with one another have created a response from the Police Department which
requires a significant portion of their patrol time.
These businesses continue to cause an increase in police response by selling alcohol to obviously intoxicated
persons, habitual drunks and selling alcohol to homeless transients who intimidate customers, urinate on the
premises, assault customers and/or consume alcohol in public places. These locations are a source of frequent
complaints from the community and focus by the Police Department. As a recent example, the Special
Investigations Unit conducted an undercover operation at Jeanie s Dirty Martini s bar located at 4360 Lincoln
Avenue. Detectives conducted static surveillance solely in the parking lot (not inside the location) and had one
dedicated uniformed officer for enforcement stops. As a direct result from surveillance provided by SIU, there
were four separate adult arrests and four citations. Those arrests were for narcotic and alcohol violations and
the citations were for alcohol violations. It should be noted that although we had a dedicated uniformed officer
assigned to this operation, SIU needed to utilize the patrol shift for assistance due to the high criminal activity
level. For a majority of the surveillance conducted, detectives had no choice but to allow criminal activity to
take place due to the fact there were no available resources for enforcement. Every resource was tied up either
with enforcement stops from the bar or coveting the rest of the city. On another note, all law enforcement
activity in the parking lot was met with resistance from unruly and intoxicated patrons from inside the bar All
while secunty and bar employees refused to control their customers from yelling and antagonizing officers.
018
Exhibit A
SCOPE OF WORK
On a separate but related issue, there have been and continue to be complaints of minors both buying and
getting adults to buy them alcoholic beverages from many of our liquor stores along Lincoln Avenue The last
complaint received by a Cypress officer was documented on 02-21-18 where a mother was concerned because
her incomgible son continues to buy alcohol from Omega Liquor (4346 Lincoln Avenue) and he is under the
age of 21. During the 2017/2018 ABC Grant we were able to address some of these issues as a result of general
enforcement, undercover operations, shoulder tap and minor decoy operations. During this time, Cypress Police
Department also conducted 25 IMPACT inspections at locations identified as problem establishments and took
the opportunity to inform the retailers about pertinent regulations. During this time, the problematic locations
were identified and the problems from these locations, such as sales to minors, graffiti and trash were corrected
3. PROJECT DESCRIPTION
If awarded the 2018/2019 grant, the Cypress Police Department will conduct the following operations;
EDUCATION
With the new ABC Grant, we will continue to address the aforementioned issues starting with two LEAD
training sessions at the beginning of the project penod to educate as many ABC licensees and their employees
to reduce violations under their control. In addition, Detectives attending the GAP Conference training will
return to the Police Department and provide training at 2 different briefings to educate patrol officers enforcing
relative laws. In conjunction with LEAD training, Detectives will conduct 2 IMPACT inspections as a means
to educate businesses and employees regarding any potential violations. Lastly, SIU will conduct 2 'Obviously
Intoxicated' persons operations aimed at businesses continually serving the habitual drunkardsttransients and
contributing to an unapproachable area for both residents and visitors.
ENFORCEMENT
The Special Investigations Unit will conduct 4 'Shoulder Tap' operations, 2 "minor decoy operations, and 4
discretionary/undercover operations aimed at businesses such as Jeanie's Dirty Martinis who continue to violate
the law, disregard any conditions of their license, and/or who promote a hostile environment towards law
enforcement.
MEDIA RELATIONS
In conjunction with education and enforcement, the Cypress Police Department will issue 2 Press Releases to
the media to highlight accomplishments throughout the grant period and to educate the residents and visitors of
various operations the Police Department accomplishes in conjunction with its partner agency, ABC.
4. PROJECT PERSONNEL
The Cypress Police Department's Special Investigations Linn will be the primary unit responsible for the
management of the grant. Sergeant 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 13 years experience
working as a police officer, 6 years working as a Detective and with the Department of Alcoholic Beverage
Control staff. Two Detectives within the Special Investigations Una also have knowledge and training in
undercover operations, including specific operations with ABC. Those Detectives are Detective McShane and
Detective Shin Detective Shin has directly assisted ABC (Los Angeles) acting as an undercover officer in an
attempt to identify a business operating an illegal still Both Detectives have expenence working directly with
ABC' agents as part of the 2017/2018 grant and look forward for the opportunity to continue the working
relationship and educate officers, businesses, and employees. Thank you for your consideration.
BUDGET DETAIL
Exhibit B
019
BUDGET CATEGORY AND LINE -ITEM DETAIL
COST
d b dget is
A. Personnel Services (Straight Time Salaries, Overtime, and Benefits)
A.1 Straight Time
(R o
to nearest dollar)
Detective 1 $49.0954/hour x11 hours $540.05
Detective 11 $49.0954/hour xl 1 hours $540.05
Sergeant I $62.8364/hour xl1 hours $691.20
$1,771
A.2 Overtime
Detective l $73.6431/hour x88 hours $6,480.59
Detective II $73.6431/hour x88 hours $6,480.59
Sergeant 1 $94.2546/hour x88 hours $8,294.40
$21,256
A.3 Benefits
Medicare (OT)
Detective 1 $93.97
Detective ll $93.97
Sergeant) $12027
$308
Fnnge (Straight time — 11 hours each) (30% max)
Detective 1 $162.02
Detective 11 $162.02
Sergeant I $207.36
$531
TOTAL PERSONNEL SERVICES
$23,866
B. Operating Expenses (maximum $2,500)
TOTAL OPERATING EXPENSES
$0
C. Equipment (maximum $2,500)
(Attach receipts for all equipment purchases to monthly billing invoice)
Camera & accessories, Bluetooth recording device (for decoys as well as undercover
officers), and tactical bulletproof vest.
$2,500
TOTAL EQUIPMENT
$2,500
D. Travel Expense/Registration Fees (maximum $2,500)
(Registration fee for July 2018 GAP Conference attendee is $325 each)
Registration fee for July GAP Conference for two (2) attendees at $325 each
$650
Travel. per diem, and lodging for GAF conference
$1,850
TOTAL TRAVEL EXPENSE
$2,500
TOTAL BUDGET DETAIL COST ALL CATEGORIES
$28,866
020
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 2018.
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 Stale, 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
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.
021
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.
S. Prior approval by the State in writing is required for the location, costs, dates, agenda,
instructors, instmctional 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 12/5/1'
022
GTC 04/2017
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 Bus
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
famishing 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 temunate 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.
023
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-D1SCRIMINATlON 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 race,
religious creed, color, national origin, ancestry, physical disability, mental disability, 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 of race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical condition, genetic
information, marital status, sex, gender, gender identity, gender expression, age, sexual
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 § 12900 et seq.), the regulations promulgated thereunder (Cat. Code
Regs. tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Pan 1, Division 3, Title 2
of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards
adopted by the awarding state agency to implement such article. Contractor shall permit access
by representatives of the Department of Fair Employment and Housing and the awarding state
agency upon reasonable notice at any time during the normal business hours, but in no case less
than 24 hours' notice, to such of its books, records, accounts, and all other sources of information
and its facilities as 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. Code Regs. tit. 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 is of the essence in this Agreement.
024
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 shell be interpreted in accordance
with the laws of the State of California.
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
025
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 Califomia Employment Development Department
17 UNENFORCEABLE PROVISION: hi 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
department 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 m the performance of the Contract; (3) the amount each DVBE received from the
pnme 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: h 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).)
026
Exhibit D
Special Terms and Conditions
Disputes. Any dispute concerning a question nl tact 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 dale 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 2018, for the purposes of this program.
4. Contractor Certifications. By signing this agreement, Contractor certifies compliance with
the provisions of CCC 04/2017 Standard Contractor Certification Clauses. This document
r
11 ,i 1:alr n ;e_ ambr In m
S. 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 12/6/17