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CC RESOLUTION 5363RESOLUTION NO. 5363 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE STATE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL WITH REGARD TO THE ABC 2022/2023 GRANT ASSISTANCE PROGRAM GRANT. The City Council of the city of El Segundo does resolve as follows:. SECTION 1.. Findings. The City Council finds and declares as follows: A. On March 30, 2022, the City applied for grant funding to help reduce youth access to alcohol and increase safety in our community through the California Department of Alcoholic Beverage Control ("ABC") Grant Assistance Program ("GAP Program") for FY 2022-23. B. On May 27, 2022, ABC notified the City that it was awarded $74,901 in GAP Program funds for FY 2022-23. C. GAP Program requirements require the City to execute the grant agreement with ABC for the distribution and use of the associated funds which is attached as Exhibit "A" and incorporated by reference (the "Agreement"). D. The City Council seeks to approve the terms of the Agreement and authorize the City Manager's execution thereof. SECTION 2. Approval; Authorization. The City Council approves the Agreement and authorizes the City Manager to execute it on behalf of the City. The City Manager or designee may take all necessary actions to effectuate the Agreement. SECTION 3. Signature Authority. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of El Segundo, and the City Clerk, or her duly appointed deputy, is directed to attest thereto. SECTION 4. Effective Date. This Resolution will take effect immediately upon adoption and will remain effective unless repealed or superseded. SECTION 5. City Clerk Actions. The City Clerk will certify to the passage and adoption of this Resolution, enter it in the City's book of original Resolutions, and make a record of this action in the meeting's minutes. RESOLUTION NO. 5363 PAGE 1 of 3 PASSED AND ADOPTED this 20t" day of September, 2022. Dr6w, Boy yor ATTEST: �h uA Og&vz) Tracy Wea r, City Clerk APPROVED AS TO FORM: Mark Rensley, City Attorney RESOLUTION NO. 5363 PAGE 2 of 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Resolution No. 5363 was duly passed, approved, and adopted by said City Council at a regular meeting held on the 20th day of September, 2022, approved and signed by the Mayor, and attested to by the City Clerk, by the following vote: AYES: Mayor Boyles, Mayor Pro Tern Pimentel, Council Member Pirsztuk, Council Member Nicol and Council Member Giroux NOES: None ABSENT: None ABSTAIN: None WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this ± day of September, 2022. Traby Weaver, City Clerk of the City of El Segundo, California RESOLUTION NO. 5363 PAGE 3 of 3 EXHIBIT A SCO ID: 2100-22APP08 Agreement No. 6497 STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES ------ . .......... -, STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (If Applicable) STD 213 (Rev.042020) 22 APP08 ABC-2100 - 1.Thls Agreement is entered into between the Contracting Agency Aand the Contractor named below: CONTRACTING AGENCY NAME Department of Alcoholic Beverage Control CONTRACTOR NAME�m.� City of El Segundo through the El Segundo Police Department 2-The ter..........�..,,.. m of this Agreement is _...._..._ .._............. .... _ ..... START DATE July 1, 2022 THROUGH END DATE June 30, 2023 3. The maximum am ount of this Agreement is: $74,901.00 Seventy four thousand nine hundred and one dollar and no cents ZThe 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 I Title Pages Exhibit A 'Scope of Work 2 Exhibit B Budget Detail and P .w...�-�: ayment Provisions 3 ..i .. ........ _ ....-� __...._....._.�_� Exhibit C * !General Terms and Conditions (GTC 04/2017) 4 Exhibit D Special Terms and Conditions 1 Attachment i RFP Scope of Work 7 RFP Items shown work an osferisk f*,,, are hereby rncor'poreoeaayreterenc'e ona r7i�ode partot mrs agreement as a orracnea rterero. These documents can be viewed at LW, r vu_ww d L r C & SFAesp ' 1N WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED �IT _BYTHEP... .. . ARTIES HERETO. CONTRACTOR CONTRACTOR NAME (ifbther than an individual, slate whether -- a corporation, partnership, etc) City of El Segundo through the El Segundo Police Department CONTRACTOR BUSINESS ADDRESS 348 Main Street PRINTED NAME OF PERSON SIGNING Darrell George CONTRACTOR AW ) ` O :SIGMA;(! TKAT., a City of. El Segundo APPR TO FORM: CITY AT RNEY CITY El Segundo TI rLE City Manager DATE SIGNED /e w s—z z. STATE J ZIP CA � 90245 Page 1 of 2 SCO ID: 2100-22APP08 Agreement No. 6497 6497 STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES Nu STANDARD AGREEMENT NUMBER cff AppUabk) AG 22- PPOS R PURCHASING AUTHOR" ABC-2100 STD 213 (Rev. OW020) STATE OF CALIFORNIA CONTRACTING AGENCY NAME Department of Alcoholic Beverage Control CONTRACTING AGENCY ADDRESS CRY STATE ZIP 3927 Lennane Drive, Suite 100 Sacramento CA 95834 PRINTED NANI'E OF PERSON SIGNING Pattye Baker" Chief, Business Management Branch SIGNATURE DATE SIGNED /Z Page 2 of 2 Agreement No. 6497 Agreement Number: 22-APP08 City of El Segundo through the El Segundo Police Department Page 1 of 2 EXHIBIT A SCOPE OF WORK I. SCOPE OF WORK Contractor agrees to implement the Department of Alcoholic Beverage Control (ABC), Alcohol Policing Partnership program. This program is intended to work with law enforcement agencies to develop an effective, comprehensive and strategic approach to eliminate the crime and public nuisance problems associated with problem alcoholic beverage outlets. Contractor agrees to implement ABC's Minor Decoy, Shoulder Tap Programs and conduct Informed Merchants Preventing Alcohol -Related Crime Tendencies (IMPACT) Inspections. These Programs target both ABC licensed premises and individuals who furnish alcoholic beverages to the underage operators. The project is targeted to reduce underage drinking and the resultant DUI driving injuries and fatalities, and/or property damages, reduce youth access to alcoholic beverages through the education of licensee(s), enforcement intervention and the impressions of omnipresence of law enforcement. In addition, Contractor agrees to the following goals: 1. The operation period of the grant is July 1, 2022 through June 30, 2023. 2. Contractor agrees to raise public awareness that selling, 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 to educate and deter licensed locations from selling/furnishing alcohol to minors. Contractor agrees to conduct Minor Decoy Operations at both "On -Sale" and "Off -Sale" licensed establishments within the operation period of the grant. 4. Shoulder Tap operations are used to detect and deter adult furnishers outside of a licensed business. Contractor agrees to conduct Shoulder Tap Operations at "Off -Sale" licensed locations to apprehend adults that are unaffiliated with the licensed businesses and who are purchasing alcohol for minors outside of the stores within the operation period of the grant. 5. Informed Merchants Preventing Alcohol -Related Crime Tendencies (IMPACT) primary goal is to educate licensee's on alcohol related laws to help reduce alcohol -related crime in and around licensed premises. Contractor agrees to conduct visits and inspections of licensed premises identifying areas of non-compliance at "On -Sale" and "Off -Sale" licensed locations within the operation period of the grant. II. GOALS AND OBJECTIVES Conduct at least five (5) Minor Decoy operations.. 2, Conduct at least four (4) Shoulder Tap operations, including participation in the 2023 statewide shoulder tap. 3. Conduct at least two (2) Trap Door/Cops in Shops operations. 4. Conduct at least two (2) Parry Patrols and Dispersal Deployments in all three cities simultaneously to I.D & enforce A/B violations by minors and furnishings of A/Bs to minors. Agreement No. 6497 Agreement Number: 22-APP08 City of El Segundo through the El Segundo Police Department Page 2 of 2 5. Conduct at least four (4) IMPACT operations. 6. Make three (3) community presentations on ABC issues as part of the education process (one in each city). 7. Conduct at least three (3) roll call trainings at each PD to include TRACE training. 8. Conduct at least one (1) special event enforcement. 9. Conduct at least two (2) LEAD trainings. 10. Provide at least six (6) press releases on grant enforcement activities. 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). 11. Contractor will fax (916) 419-2599 or email each press release to the Department's Public Information Officer (pio abc.c moo ) as soon as it is released. 12. Contractor agrees in all press releases, in addition to any credits the agency wishes to give, will include the following statement: "This project is part of the Department of Alcoholic Beverage Control's Alcohol 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. III. PROJECT REPRESENTATIVES The project representatives during the term of this agreement will be: El Segundo Police Department Julissa Solano, Management Analyst 348 Main Street El Segundo, CA 90245 (310) 524-2278 isolanio else undo.or Direct all fiscal inquiries to: El Segundo Police Department Joseph Lillio, Finance Director 350 Main Street El Segundo, CA 90245 (310) 524-2315 'llillio ease undo.or Department of Alcoholic Beverage Control Brandon Shotwell, Supervising Agent in Charge 3927 Lennane Drive, Suite 100 Sacramento, CA 95834 (916) 419-2329 Brandon.sho _ ell abc.ca, ov Department of Alcoholic Beverage Control Kristine Okino, Grant Coordinator 3927 Lennane Drive, Suite 100 Sacramento, CA 95834 (916) 419-2572 Kristine.okino abc.ca. ov Agreement No. 6497 Agreement Number: 22-APP08 City of El Segundo through the El Segundo Police Department Page 1 of 3 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS I. INVOICING AND PAYMENT 0 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. 0, Invoices shall clearly reference this contract number (22-APP08) and must not exceed the contract total authorized amount of $74,901.00. Invoices are to be submitted by the 15th of every month, 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 2022. • Contractor understands in order to be eligible for reimbursement; cost must be incurred on or after the effective date of the project, July 1, 2022 and on or before the project termination date, June 30, 2023. • 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 No. 6497 II. BUDGET DETAIL Agreement Number: 22-APP08 City of El Segundo through the El Segundo Police Department Page 2 of 3 COST CATEGORY TOTAL COST A. Personnel Services I, Overtime El Segundo Sergeant (107 hours @ $198/hour) $21,186.00 El Segundo Police Officers (107 hours @ $165/hour) $17,655.00 Hermosa Officer (107 hours @ $165/hour) $17,655.00 Manhattan Beach Officer (107 hours @ $165/hour) $17,655.00 Benefits (n/a) $0.00 TOTAL Personnel $74,151.00 B. Operating Expenses (receipts required) Decoy expenses $750.00 TOTAL Operating $750.00 C. Equipment (receipts required, must be purchased by 12/31) n/a $0.00 TOTAL Equipment $0.00 D. Travel Costs n/a $0.00 TOTAL Travel $0.00 GRANT TOTAL $74,901.00 Agreement No. 6497 Agreement Number: 22-APP08 City of El Segundo through the El Segundo Police Department Page 3 of 3 III. 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. 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 927. Agreement No. 6497 Agreement Number: 22-APP08 City of El Segundo through the El Segundo Police Department Page 1 of 4 EXHIBIT C GENERAL TERMS AND CONDITIONS 1. AP ROVAL� 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 beenobtained. 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. TERMIN'ATIQN 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. 8, INDEPENDENT CONT ACTOR: 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 theState. Agreement No. 6497 Agreement Number: 22-APP08 City of El Segundo through the El Segundo Police Department Page 2 of 4 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 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 (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 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. TIIVIELINE a'S: Time is of the essence in this Agreement. 14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California. 15. ANTITRUST CLAIMS: The Contractor bv signing this agreement hereb certifies that if these services or goods are obtained by means of a com etitive bid the Contractor shall comply with the re uirement of the Government Codes Sections set out below. Agreement No. 6497 Agreement Number: 22-APP08 City of El Segundo through the El Segundo Police Department Page 3 of 4 a. The Government Code Chapter on Antitrust claims contains thefollowing 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 Section4550. 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. 1 & 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. Agreement No. 6497 Agreement Number: 22-APP08 City of El Segundo through the El Segundo Police Department Page 4 of 4 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 MIRING 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. 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 addressof 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).) Agreement No. 6497 Agreement Number: 22-APP08 City of El Segundo through the El Segundo Police Department Page 1 of 1 EXHIBIT D SPECIAL TERMS AND CONDITIONS Disputes: Any disputes concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Director, Department of Alcoholic Beverage Control, or designee, who shall reduce his decision in writing and mail or 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 of the Department of Alcoholic Beverage Control. The decision of the Director of Alcoholic Beverage Control or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, Contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the State. 2. 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 parry. 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 2100-101-3036, Budget Act of 2022, for the purposes of this program. 4. Contractor Certifications: By signing this agreement, Contractor certifies compliance with the provisions of CCC 0412017, Standard Contractor Certification Clauses. This document may be viewed at: htt s://w rw.d s.ca. ov/CLSJ esourcesfPa e- ontenVOMce-of-Le al-Services- Iesource-list-Folder/Standard-Contract-I-an ua e 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 and/or cancel the agreement. Agreement No. 6497 `, . STATE CALIFORNIA �" Department of Alcoholic Beverage Control 2 Alcohol Policing Partnership Program PROPOSAL COVER SHEET (TO BE COMPLETED BY APPLICANT AGENCY) 1. Name of Applicant Agency: El Segundo, Manhattan Beach & Hermosa Beach Police Departments 2. Description of Applicant Agency: Provide your city or county jurisdiction, and include population data, relevant demographic, and socio-economic characteristics of the community. The cities of El Segundo, Manhattan Beach and Hermosa Beach are neighboring cities that are located South West of Los Angeles on the southern tip of the Santa Monica Bay. Each of the three agencies is led by their own Chief of Police along with a total of 6 captains, 9 lieutenants and 29 sergeants. These three agencies together are authorized 166 sworn officers and 104 civilian employees, serving a resident population of over 71,000 and have over 350 establishments that are licensed by the Department of Alcoholic Beverage Control to sell alcohol. 3. Number of licenses in Project Area: 363 4. Tax ID: 95-6000706 5. Funds Requested: 6. Project Period: July 1, 2022 — June 30, 2023 7. Acceptance of Conditions: By submitting this proposal, the applicant signifies acceptance of the responsibility to comply with all requirements stated in the Request for Proposals. The applicant understands that ABC is not obligated to fund the project until the applicant submits correctly completed documents required for the contract. A. Project Director B. Chief of Police or Sheriff Person Having Day -To -Day Responsibility for the Project Authortdng Official Name: Julissa Solano Name: Jaime Bermudez Address: 348 Main Street Address: 348 Main Street El Segundo, CA 90245 El Segundo, CA 90245 Phone: (310) 524-2278 Phone: (310) 524-2280 Email Address: JSOLANO@ELSEGUNDO.ORG Email Address: JBERMUDEZ@ELSEGUNDO.ORG Title: Management Analyst 9 Y Title: Chief of Police ignolure: Signature; C. Fiscal or Acc nting Officiar "` D. ABC E ONL Name: Joseph Lillio Address: 350 Main Street El Segundo, CA 90245 Phone: (310) 524-2315 Email Address: JLILLIO@ELSEGUNDO.ORG Title: Finance Director Signature: IPA Agreement No. 6497 SCOPE OF WORK Summary The El Segundo, Manhattan Beach and Hermosa Beach Police Departments are committed to enhancing their levels of enforcement and education regarding ABC licensed establishments and problems associated with alcohol sales. These three agencies will work together with ABC investigators to identify and target problematic establishments and will participate in sting operations, conduct party prevention deployments and train officers from each department on ABC enforcement tactics, strategies and administrative accusation processes. The departments will work together to improve the public's awareness of ABC rules, regulations and enforcement activities by conducting presentations at community group meetings and submitting press releases that support the efforts of the grant program. The progress will be reported to ABC on a monthly basis and will include a final year-end report. The El Segundo, Manhattan Beach and Hermosa Beach Police Departments have a value system in place that is dedicated to providing the finest police services to residents and visitors in their respective communities. The members of these departments are dedicated to ensuring the safety of their citizens and protecting the quality of life that exists in each of their communities. This project has the full support and commitment of all three Police Chiefs and the members of their departments. Project Personnel The staffing needed for each department to carry out the grant goals and objectives will require one sergeant from the El Segundo Police Department who will be responsible for the overall coordination and supervision of the grant. This sergeant will also participate in the operations, testify in court and in ABC administrative hearings and attend training offered by ABC during the year. Staffing will also require three officers (one officer from each agency) who will be responsible for attending training presentations offered by ABC during the year, carrying out the operations, testifying in court and ABC hearings and conducting public education presentations. Agreement No. 6497 SCOPE OF WORK Problem Statement Together, the El Segundo, Manhattan Beach and Hermosa Beach Police Departments provide public safety to a population of 71,770 residing in approximately 10.81 square miles. These cities are home to several large shopping malls that include popular bars and restaurants. These cities have established a reputation as having a vibrant and thriving social scene. These cities have a mixed use of residential, commercial, and industrial zones that include bars, restaurants, taverns, and hotels, which creates a high number of complaints against ABC licensed establishments. Each city boasts a vibrant downtown that is home to numerous bars and nightclubs, all located within blocks of each other on pedestrian friendly walks, adjacent to the beach. In 2021, the El Segundo, Manhattan Beach and Hermosa Beach Police Departments have responded to over 78,000 calls for service. In 2021, these departments arrested over 250 individuals for DUI. These departments also made contact with over 300 people for public intoxication. These three cities have 363 establishments licensed to sell alcoholic beverages and they continue to receive applications for additional licenses. These three cities are home to upscale shopping, dining and beaches that host a variety of popular events that attract very large crowds, including Professional Volleyball Tournaments, the International Surf Festival, the Manhattan Beach Six Man Volleyball Tournament, the Hermosa Beach St. Patrick's Day Parade, Hermosa Beach 30th Street Iron Man Competition and a Grand Prix Bike Race. The Manhattan Beach Six Man Volleyball Tournament draws in about 50,000 spectators for the two-day tournament, which creates an atmosphere where adults and juveniles commit alcoholic related violations. Project Description section 1 of The following goals and objectives will be performed during the 12 months of this project by the Manhattan Beach, Hermosa Beach and El Segundo Police Departments; 1. Train one sergeant from the El Segundo Police Department who will be responsible for coordinating the grant activities and train one officer from each department who will be responsible for carrying out the grant goals and objectives. 2. The sergeant and/or officers assigned to the grant detail will attend training presentations and conferences offered by ABC during the year. 3. Prepare press releases in cooperation with ABC, to announce the project and report on significant progress and activities. 4. Make 3 presentations to a community group on ABC issues as part of the education process (one in each city). 5. Conduct 2 Licensee Education on Alcohol and Drugs (LEAD) training seminars to include all three cities at the same time to educate licensees and employees on responsible service. 6. Conduct 4 Informed Merchants Preventing Alcohol -Related Crime Tendencies (IMPACT) inspections where officers will visit licensed establishments to insure compliance with ABC regulations and attempt to gain voluntary compliance. Agreement No. 6497 SCOPE OF WORK Agreement No. 6497 SCOPE OF WORK Agreement No. 6497 ALCOHOL POLICING PARTNERSHIP GRANT PROPOSAL BUDGET DETAIL A. Personnel Services Salaries Classification/Positions Computation Total Cost 2 y =„ „.. 3 SUBTOTAL =$ 0.00 Overtime Clossification/Positions C-OrTlEul atlon Total Cost I I B Segundo Sergeant $198 ` 107 hours $ 21,186.00 2I El Segundo Officer 1 $165 *107 hours $ 17,655.00 3 1 Hermosa Officer x $165 '107 hours $ 17, 55.00 65�. 41 Manhattan Beach Officer x 1 $165' 107 hours $ 17,655. 00 61 SUBTOTAL $ 74,151.00' Benefits CllassifMcafion/Positions Computation Total Cost a SUBTOTAL $ 0.00 B. Operating Expenses and Equipment Operating Expenses " Description Computation Total Cost 1 I Six (6) minor decoy/ shoulder TAP operating expenses 6 operations x $125 � $ 750.00 2 • maximum of $2,500.00 SUBTOTAL 0.00 Equipment' Description Computation Total Cost 21 ' maximum of $2,500.00 SUBTOTAL $ 0.00 C. Travel Expenses " Desari tion, C Computation Total Cost 2 31 41 SUBTOTAL $ 0.00 APP Conference only. All travel cannot exceed current state rates mm" """""""'" GRANT TOTAL „$ 74,901.00 Agreement No. 6497 OTHER FUNDING SOURCES Complete the following to report the total funds available to support the activities related to accomplishing the goals and objectives of the contract. In the "Grant Funds" column, report the ABC funds requested by category. In the "Other Funds" column, report all other funds available to support the project by category (if none, leave blank). Then calculate the totals by category in the 'Program Total' column. Total each column down to arrive at the total program funds available. Note: Round all budget amounts to the nearest dollar —no cents. Budget Category Grant Funds Other Funds Program Total A. Personnel Services 74,151.00 74,151.00 B. Operating Expense 750.00 750.00 C. Travel/Registration Fees 0.00 D. Equipment 0.00 TOTALS $ 74,901.00 $ 0.00 $ 74,901.00 This form does not become part of the contract but is required in the Request for Proposal package.