Agreement Number: 25-APP43
City of Santa Clara through the Santa Clara Police Department
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 p rograms 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, 2025 through June 30, 2026.
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
1. Conduct at least three (3) Minor Decoy operations.
2. Conduct at least three (3) Shoulder tap operations, including the Statewide Shoulder tap operation .
3. Conduct at least four (4) IMPACT operations.
Agreement Number: 25-APP43
City of Santa Clara through the Santa Clara Police Department
4. C
onduct at least fifteen (15) Task Force operations at Levi Stadium.
5. C
onduct at least five (5) General Enforcement operations.
6. C
onduct at least four (4) Roll Call trainings.
7. P
rovide press/social media 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 t he num
ber of licensed premises who sold to the minor decoy)
C. At the conclusion of each Shoulder Tap Operation has been held (to announce t he num
ber of adults arrested for purchasing alcoholic beverages for the decoy).
8. C
ontractor will fax (916) 419-2599 or email each press release to the Department’s Public Information Officer ([email protected]) as soon as it is released. 9 . 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 Bever age C
ontrol’s Alcohol Policing Partnership.”
C
ontractor 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. PR
OJECT REPRESENTATIVES
The project representatives during the term of this agreement will be:
Santa Clara Police Department
Casey Rettig, Mgmt Anaylst
601 El Camino Real
Santa Clara, CA 95050
(408) 615-4892
c
[email protected]
Department of Alcoholic Beverage Control
Aaron Perry, Supervising Agent in Charge
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
(916) 419-5169
aar
[email protected]
D
irect all fiscal inquiries to:
City of Santa Clara
Kenn Lee, Finance Director
1500 Warburton Avenue Santa
Clara, CA 95050 (408)
615-2344
[email protected]
Department of Alcoholic Beverage Control
Kristine Okino, Grant Coordinator
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
[email protected]
Agreement Number: 25-APP43
City of Santa Clara through the Santa Clara Police Department
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
I. INVOICING AND PAYMENT
• For services satisfactorily rendered and upon receipt and approval of the invoice, the Department of Alcoholic Beverage Control agrees to pay a monthly payment of approved reimbursable costs per the Budget Detail of personnel overtime and benefits (actual cost) and/or allowable costs.
• Invoices shall clearly reference this contract number (25-APP43) and must not exceed the contract total authorized amount of $91,311.00. 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
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 2025.
• Contractor understands in order to be eligible for reimbursement; cost must be incurred on or after the effective date of the project, July 1, 2025 and on or before the project termination date , June 30, 2026.
• Revisions to the “Scope of Work” and the “Budget Detail” may be requested by a change request letter submitted by the Contractor. If approved, the revised Grant Scope of Work and/or Budget Detail supersedes and replaces the previous grant and will initiate an amendment. No revisions can exceed allotted amount as shown on the Budget Detail. The total amount of the grant must remain unchanged.
• Contractor agrees to refund to the State any amounts claimed for reimbursement and paid to Contractor which are later disallowed by the State after audit or inspection of records maintained by the Contractor.
• Only the costs displayed in the Budget Detail are authorized for reimbursement by the State to Contractor under this agreement. Any other costs incurred by Contractor in the performance of this agreement are the sole responsibility of Contractor.
• Title shall be reserved to the State for any State- furnished or State-financed property authorized by the State which is not fully consumed in the performance of this agreement. Contractor is responsible for the care, maintenance, repair, and protection of any such property. Inventory records shall be maintained by Contractor and submitted to the State upon request. All such property shall be returned to the State upon the expiration of this grant unless the State otherwise directs.
• Prior approval by the State in writing is required for the location, costs, dates, agenda, instructors, instructional materials, and attendees at any reimbursable training seminar, workshop or conference, and over any reimbursable publicity or educational materials to be made available for distribution.
Contractor is required to acknowledge the support of the State whenever publicizing the work under this grant in any media.
Agreement Number: 25-APP43
City of Santa Clara through the Santa Clara Police Department
II. BUDGET DETAIL
COST CATEGORY TOTAL COST
A. Personnel Services
Overtime
Officer ($177.69/hourly) $65,746.00
Sergeant ($205.67/hourly) $21,596.00
Benefits – n/a $0.00
TOTAL Personnel $87,342.00
B. Operating Expenses (receipts required)
n/a $0.00
TOTAL Operating $0.00
C. Equipment (receipts required, must be purchased by 12/31) Bluetooth headphones $2,000.00
TOTAL Equipment $2,000.00
D. Travel Costs
Registration, lodging, per diem $1,969.00
TOTAL Travel $1,969.00
GRANT TOTAL $91,311.00
Agreement Number: 25-APP43
City of Santa Clara through the Santa Clara Police Department
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 Number: 25-APP43
City of Santa Clara through the Santa Clara Police Department
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
1. 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 party. Such notification shall state the effective date of termination or cancellation and include any final performance and/or payment/invoicing instructions/requirements. No penalty shall accrue to either party because of contract termination.
3. Contract Validity: This contract is valid and enforceable only if adequate funds are appropriated in Item 2100-101-3036, Budget Act of 2025, 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 may be viewed at:
https://www.dgs.ca.gov/OLS/Resources/Page- Content/Office-of-Legal-Services- Resources-List-Folder/Standard-Contract-Language
5. If the State determines that the grant project is not achieving its goals and objectives on schedule, funding may be reduced by the State to reflect this lower level of project activity and/or cancel the agreement.