CITY
OF SIMI VALLEY
MEMORANDUM
Oct
ober 21, 2024
TO: City
Council
FRO
M: Police Department
SUBJE
CT: ADOPTION OF A RESOLUTION AUTHORIZING ACCEPTANCE OF $35,300 FROM THE FY 2024-25 STATE OF CALIFORNIA DEPARTMENT
OF ALCOHOLIC BEVERAGE CONTROL (ABC) ABC- OTS GRANT
PROGRAMS; AUTHORIZE THE CITY MANAGER OR DESIGNEE TO
SIGN ALL GRANT -RELATED DOCUMENTS; AND APPROVE A
SUPPLEMENTAL BUDGET REQUEST OF $35,300 IN FUND 287
STAFF RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 2024-44 (page 4) to accept a $35,300 grant award from the FY 2024-25 State of California, Department of Alcoholic Beverage Control (ABC) ABC-OTS Grant Program; authorize the City Manager to sign grant-related documents; and approve a Supplemental Budget Request of $35,300 in the Law Enforcement Grants Fund (Fund 287), with a transfer to the General Fund (Fund 100) for Sa lary Reimbursements of all personnel costs.
BACKGROUND AND OVERVIEW
In August 2024, staff applied for the State of California ABC-OTS Grant to cover the cost of officers assigned to Minor Decoy and Shoulder Tap operations, Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) inspections of local businesses, Holiday Enforcement operations,, and to send one officer to Sacramento for a one-d ay mandatory grant training. On Sept ember 26, 2024, the Department was notified it was selected to be awarded $35,300.
The City of Simi Valley has a traffic safety ranking of 55/60 for fatalities and injuries related to car accidents, a 50/60 r anking for incidents involving alcohol, and a 37/60 ranking for accidents involving dr ivers under 21 who had been drink ing.
Additionally, there are currently 242 licensed retail outlets selling alcohol in the city.
Concerned citizens often report that some retailers sell alcohol to minors, highlighting a significant issue that needs to be addressed to prevent underage alcohol abuse.
To tackle this concern, the ABC-O TS Grant provides funding for law enforcement agencies to educate, prevent, and enforce laws regarding the sale of alcohol to minors. The program aims to inform local businesses about the dangers of selling alcohol to minor s and to prosecute those who violate these laws.
AGENDA
ITEM NO.
Consent (
7)
2 T
his grant offers reimbursement for the salary of one officer who will attend a one- day ABC-OTS training in Sacramento, enhancing the department's ability to follow grant guidelines. Additionally, it covers salary reimbursements for officers assigned to operations such as Minor Decoy and Shoulder Tap initiatives, IMPACT inspections of local businesses, and Holiday Enforcement at alcohol establishments, all aimed at reducing underage alcohol sales and enforcing related laws.
FINDINGS AND ALTERNATIVES
T
he Simi Valley Police Department is committed to protecting residents from impaired drivers and alcohol -related violations involving minors. With an OTS Traffic Safety Ranking of 37/60 for accidents involving underage drivers who had been drinking, the Department's goal is to improve this ranking through more robust education and enforcement efforts in Fiscal Year 2024-25. No City match is required, and all funds are planned for expenditure by the deadline of August 31, 2025.
T
o proceed, the City Council must approve Resolution No. 2024-44 accepting the grant award from the ABC-OTS Grant Program; authorize the City Manager to execute all grant-related documents; and approve a Supplemental Budget Request of $ 35,300 for Fund 287 with a transfer to Fund 100 for Salary Reimbursements of all personnel costs.
T
he following alternatives are available to the City Council:
1. Adop
t Resolution No. 2024-44 accepting a $35,300 grant from the FY 2024-25 State of California, ABC -OTS Grant Program ; authorize the City Manager to execute all grant -related documents; and approve a Supplemental Budget Request of $ 35,300 to Fund 287 , with a transfe r to the Fund 100 for Salary Reimbursements of all personnel costs;
2. D
o not approve the acceptance of the FY 2024-25 State of California, ABC-OTS Grant Program grant award;
3. Pr
ovide staff with other direction.
S
taff recommends Alternative No. 1.
SUGGESTED CITY COUNCIL MOTION
I
move to adopt Resolution No. 2024-44 to accept a $ 35,300 grant award from the FY 2024-25 State of California, Department of Alcoholic Beverage Control (ABC) ABC-OTS Grant Program; authorize the City Manager to sign grant-related documents; and approve a Supplemental Budget Request of $35,300 in Law Enforcement Grants Fund (Fund 287), with a transfer to the General Fund ( Fund 100) for Salary Reimbursements of all personnel costs.
3 SUMMARY
T
he City has been awarded $35,300 from the FY 2024-25 State of California, ABC-OTS Grant Program to cover the costs for Minor Decoy and Shoulder Tap operations, IMPACT inspections of local businesses, Holiday Enforcement operations, and to send one officer to Sacramento for a one-day mandatory training
S
taff recommends that the City Council adopt Resolution No. 2024-44; accept a $35,300 grant award from FY 2024-25 State of California, ABC-OTS Grant Program; authorize the City Manager to sign grant-related documents; and approve a Supplemental Budget Request of $35,300 to Fund 287 with a transfer to the Fund 100 for salary reimbursements of all personnel costs related to officers assigned to operations listed within the grant. ___
_________________________________
Charles Steven Shorts
Chief of Police
P
repared by: Stephen Collett, Police Sergeant
INDEX Page
R
esolution No. 2024-44 .................................................................... 4 Exhibit 1 – Grant Award Letter ......................................................... 6 Exhibit 2 – Letter of Intent ................................................................ 8 Exhibit 3 – ABC-OTS Grant Agreement ..........................................10 Exhibit 4 – ABC OTS Grant Agreement exhibits ............................ 11 4 RESOLUTION NO. 2024-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SIMI VALLEY APPROVING ACCEPTANCE OF GRANT
FUNDS AND THE EXECUTION OF A GRANT
AGREEMENT, AND ANY AMENDMENTS THERETO, FROM
THE FY2024-25 STATE OF CALIFORNIA DEPARTMENT
OF ALCOHOLIC BEVERAGE CONTROL (ABC) ABC-OTS
GRANT PROGRAM
WHEREAS, the State of California, Department of Alcoholic Beverage Control (ABC), has awarded grant funding from its ABC -OTS Grant Program (“Grant”); and
WHEREAS, the City Council of the City of Simi Valley desires to accept the grant funds for the education, prevention, and the enforcement of laws related to the sales of alcohol to minors in order to help reduce underage drinking and to address alcohol - related harm in the community; and
WHEREAS, the ABC-OTS Grant Program has awarded grant funding in the amount of $35,300 to cover costs for Minor Decoy and Shoulder Tap operations, IMPACT inspections on local businesses, Holiday Enforcement operations and to send one officer to Sacramento for a one-day mandatory training; and
WHEREAS, the City Council finds and determines that acceptance of the grant funds from the State of California, ABC-OTS Grant Program could provide a benefit to the safety of the residents of Simi Valley.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Simi Valley hereby approves the acceptance of the grant funds from the State of California, ABC-OTS Grant Program in the amount of $ 35,300 for the reimbursement to the City’s General Fund for Minor Decoy and Shoulder Tap operations, IMPACT inspections on local businesses, Holiday Enforcement operations and to send one officer to Sacramento for a one-day mandatory training.
SECTION 2. The City Council of the City of Simi Valley authorizes the City Manager, or designee, to enter into, execute and deliver the grant agreement , and any and all subsequent amendments thereto with the State of California for the purposes of the Grant.
SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk.
5 RES NO. 2024-44
PASSED and ADOPTED this 21st day of October 2024.
Attest:
Lucy Blanco, City Clerk Fred Thomas, Mayor of the City of Simi Valley, California
Approved as to Form: Approved as to Content:
Algeria R. Ford, City Attorney Samantha C. Argabrite, City Manager
Charles S. Shorts
Chief of Police
EXHIBIT 1
6 Samantha C. Argabrite, City Manager
2929 Tapo Canyon Rd., Simi Valley, CA 93063
95-2626170
Stephen Collett
[email protected]
Sandra Hernandez
(805) 583-6915
[email protected]
(805) 583-6916
7 CITY OF SIMI VALLEY
Home of The Ronald Reagan Presidential Library
POLICE DEPARTMENT
Charles Steven Shorts, Chief of Police
August 27, 2024
Ms. Diana Fouts-Guter, Grant Unit
Department of Alcoholic Beverage Control (ABC)
3927 Lennane Drive, Suite #100
Sacramento, CA 95834
SUBJECT: SIMI VALLEY POLICE DEPARTMENT ABC LETTER OF INTENT Dear Ms. Diana Fouts-Guter:
I am writing to express interest in applying for the ABC-OTS grant administered by the Department of Alcoholic Beverage Control (ABC). The Simi Valley Police Department is committed to enhancing alcohol beverage control within our community, and we believe that this grant will significantly support our efforts.
The City of Simi Valley is the third largest of Ventura County's 10 cities with an estimated population of 126, 153. Approximately 42 square miles in area, the city is in Southeast Ventura County, adjacent to the San Fernando Valley and 37 miles northwest of downtown Los Angeles.
The city has two established zip codes (93063 and 93065) and is bordered by the City of Los Angeles to the east and the City of Moorpark to the west. Below, I have addressed the specific factors that ABC will consider in awarding this grant:
Office of Traffic Safety's (OTS) Traffic Safety Ranking:
We have reviewed the most recent OTS Traffic Safety Ranking for our jurisdiction. The City of Simi Valley has a 55/60 ranking for fatalities and injuries related to car accidents, a 50/60 ranking that involved alcohol, and a 37/60 ranking that involved "Had Been Drinking Drivers" under the age of 21. Please find the printout from the OTS Crash Rankings page enclosed with this letter.
Number of Licensed Retail Outlets:
According to the ABC website, there are 242 licensed retail outlets within the City of Simi Valley.
This information is derived from the Licenses by City and Licenses by County pages available on ABC's website.
Completed Budget Estimate:
Enclosed with this letter is our completed Budget Estimate detailing the anticipated expenses and financial requirements for our proposed project. Please refer to the attached Sample Budget Estimate Detail for a comprehensive overview.
Minor Decoy, Shoulder Tap and Holiday Enforcement operations and IMPACT inspections:
The Simi Valley Police Department is fully committed to executing Minor Decoy and Shoulder Tap operations as outlined in the grant agreement and will integrate IMPACT inspections into our project schedule to comply with grant requirements. Additionally, we will ensure our participation in Holiday Enforcement operations as stipulated.
Fred D. Thomas, Mayor Rocky Rhodes, Mayor Pro Tern Mike Judge, Council Member Dee Dee Cavanaugh, Council Member Elaine P. Litster, Council Member 3901 Alamo Srreec, Sim, Volley, CA 93063-2102 805.583.6950 www.s,mivalley.org EXHIBIT 2
8 9
EXHIBIT 3
10 Agreement Number: 25-OTS121
City of Simi Valley through the Simi Valley Police Department
EX
HIBIT A
SCOPE OF WORK
Purpose and Description of Services
Cont
ractor agrees to implement the Department of Alcoholic Beverage Control programs as listed:
• Mi
nor Decoy operations – designed to educate and deter licensed locations from selling/furnishing alcohol to minors and shall be conducted at both “On-Sale” and “Off-Sale” licensed establishments within the operations period of the grant. • Shoul
der Tap operations – used to detect and deter adult furnishers outside of a licensed business and shall be performed at “Off-Sale” licensed locations to apprehend adults that are unaffiliated with the licensed businesses who are purchasing alcohol for minors outside of the stores within the operation period of the grant.
• Inf
ormed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) Inspections – primary goal is to educate licensees 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.
• Hol
iday Enforcement – This program consists of working general undercover and high-profile enforcement targeting underage drinking, sales/furnishing to minors, sales to obviously intoxicated patrons, and other related violations.
Hol
idays would be defined as:
o Halloween (Oct. 31)
o Thanksgiving (Nov. 27 – Dec. 1)
o New Year’s Eve (Dec. 31)
o St. Patrick’s Day (Mar. 14 – Mar 17)
o Cinco de Mayo (May 2 – May 5)
o Memorial Day Weekend (May 23 – May 26)
o 4th of July (July 3 – July 6)
The pro
ject 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, enforcement intervention and the impressions of omnipresence of law enforcement.
In
addition, contractor agrees to the following goals:
• Rai
se 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.
• Es
tablish and implement a coordinated effort between contactor and ABC, and acknowledges no operations will be conducted until after the contractor’s representative has completed training conducted by ABC.
• Is
sue press releases as follows:
o To announce the start of the program
EXHIBIT 4
11 Agreement Number: 25-OTS121
City of Simi Valley through the Simi Valley Police Department
o At the conclusion of each Minor Decoy Operation held (to announce the number of licensed premises who sold to the minor decoy).
o At the conclusion of each Shoulder Tap Operation held (to announce the number of adults arrested for purchasing alcoholic beverages for the decoy). o At the conclusion of each IMPACT operation held.
• E
mail each press release to the Department’s Public Information Office, [email protected] as soon as it is released.
• I
n all press releases, in addition to any credits the agency wishes to give, will include the following s
tatement: “This project is part of the Department of Alcoholic Beverage Control’s Minor Decoy/Shoulder Tap Grant Project, funded by the California Office of Traffic Safety through the N
ational Highway Traffic Safety Administration.”
• C
omplete and submit bi-monthly reports, in a format designed by ABC due no later than the f
ollowing:
o On or before January 15, 2025 (with results of operations October, November & December 2024)
o On or before March 15, 2025 (with results of operations January & February 2025) o On or before May 15, 2025 (with results of operations March & April 2025) o On or before July 15, 2025 (with results of operations May & June 2025) o On or before September 15, 2025 (With results of operations July & August 2025) • S
ubmit an Executive Summary as part of the final report due on or before September 15, 2025.
The summary shall contain the following:
o An evaluation statement concerning the end product and cost benefits; and a listing of recommended and/or adopted policy or procedure changes, if any, occurring as a result of the project.
o Project personnel identifying the key personnel who worked on the project, together with their job classification, and a brief description of their contribution. o Problems – describe any operational or cost problems that were encountered in project implementation. If known, state alternative methods that would have avoided the problem and increased the effectiveness of the project.
o Results – describe the results of the project in terms of meeting the original objectives as stated in the project agreement. Also, describe the results in terms of how they will be
s
pecifically applied for future improvement of the agency’s continuing activities relating to al
cohol problem prevention and enforcement. Where possible, describe estimated s
avings resulting from implementing project results.
o Disclaimer – The final report shall include the following: “The opinions, findings, and conclusions expressed in this publication are those of the authors and not necessarily those of the State of California, Business, Consumer Services and Housing Agency, or the Department of Alcoholic Beverage Control.”
o Documentation – Attach any relevant documents developed. Examples are new or revised f
orms, diagrams, management reports, photos, coding manuals, instructional manuals, etc.
C
ontract Term
The oper
ation period of the grant is October 1, 2024 through August 31, 2025. 12 Agreement Number: 25-OTS121
City of Simi Valley through the Simi Valley Police Department
P
roject Representatives
The pr
oject representatives during the term of this agreement will be:
Simi Valley Police Department Alcoholic Beverage Control Stephen Collett Diana Fouts-Guter, Grant Coordinator
3901 Alamo Street 3927 Lennane Drive, Suite 100
Simi Valley, CA 93063 Sacramento, CA 95834
(805) 583-6916 (916) 928-9807
[email protected] [email protected]
Simi Valley Police Department Alcoholic Beverage Control Sandra Hernandez Kristine Okino, Grant Fiscal Analyst
3901 Alamo Street 3927 Lennane Drive, Suite 100
Simi Valley, CA 93063 Sacramento, CA 95834
(805) 583-6915 [email protected]
[email protected]
13 Agreement Number: 25-OTS121
City of Simi Valley through the Simi Valley Police Department
E
XHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
I
NVOICING AND PAYMENT
• For
services satisfactorily rendered, and upon receipt and approval of services, Alcoholic Beverage C
ontrol agrees to compensate for approved reimbursable costs of personnel overtime and benefits (actual cost) and travel.
• I
nvoices shall clearly reference the agreement number 25-OTS121 and must not exceed the total authorized contract amount of $35,300.00. Invoices shall be submitted on a bi-monthly basis, on the pr
escribed form designed by ABC.
S
ubmit to: Department of Alcoholic Beverage Control
Attn: Kristine Okino, Grants Fiscal Analyst
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
• Thi
s grant is only for overtime compensation and travel for training held on October 15, 2024 only. • I
n accordance with State of CA travel policy, agencies are eligible to receive reimbursement for travel expenses incurred for training on October 15, 2024.
https://hrmanual.calhr.ca.gov/Home/ManualItem/1/2203
• P
ayment shall be made in arrears within 45 days from the receipt of an undisputed invoice. • C
ontractor understands in order to eligible for reimbursement; cost must be incurred on or after the ef
fective date of the project, October 1, 2024 and on or before the project termination date, August 31, 2025.
• C
ontractor understands any other costs incurred by contractor, other than attendance at initial training and/or personnel overtime and benefits as authorized above, in the performance of this agreement are the sole responsibility of contractor.
BUDG
ET CONTINGENCY CLAUSE
• I
t 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 S
tate 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.
P
ROMPT PAYMENT CLAUSE
P
ayment will be made in accordance with, and within the time specified in, Government Code Chapter
4.5, commencing with Section 927.
14 Agreement Number: 25-OTS121
City of Simi Valley through the Simi Valley Police Department
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. APPROVAL: This agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or agreement not incorporated in the agreement is binding on any of the parties.
3. ASSIGNMENT: This agreement is not assignable by the contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this agreement.
Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporati on
f
urnishing or supplying work services, materials, or supplies in connection with the performance of this agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by contractor in the performance of this agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this agreement during any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this agreement and be relieved of any payments should the contractor fail to perform the requirements of this agreement at the time and i
n the manner herein provided. In the event of such termination the State may proceed with t
he 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 t
he contractor upon demand.
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 Secti on
15 Agreement Number: 25-OTS121
City of Simi Valley through the Simi Valley Police Department
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 t he
pr
ovisions 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 t
he 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.) C
ontractor 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.
13.COMPENSATION: The consideration to be paid contractor, as provided herein, shall be in compensation for all of contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.
14.GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
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 G
overnment Code Chapter on Antitrust claims contains the following definitions:
i. "
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 ii. "Public purchasing body" means the State or the subdivision or agency maki ng a
publ
ic purchase. Government Code Section 4550.
16 Agreement Number: 25-OTS121
City of Simi Valley through the Simi Valley Police Department
b) I
n submitting a bid to a public purchasing body, the bidder offers and agrees that if the bi
d 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) I
f 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 m
ay, upon demand, recover from the public body any portion of the recovery, including t
reble 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 t
hat portion of the recovery. Government Code Section 4553. d) U
pon demand in writing by the assignor, the assignee shall, within one year from such dem
and, 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 c
ontractor recognizes the importance of child and family support obligations and s
hall 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 c
ompliance 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 c
ontractor, 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.
17.UNENFORCEABLE PROVISION: In the event that any provision of this agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this agreement have force and effect and shall not be affected thereby.
18.PRIORITY HIRING CONSIDERATIONS: If this contract includes services in excess of $200,000, the contractor shall give priority consideration in filling vacancies in positions funded by the contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
19.SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
a) If
for this contract contractor made a commitment to achieve small business participation, then contractor must within 60 days of receiving final payment under this contract (or within such other time period as may be specified elsewhere in this 17 Agreement Number: 25-OTS121
City of Simi Valley through the Simi Valley Police Department
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 el
sewhere 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 t
he DVBE(s) that participated in the performance of the contract; (3) the amount each D
VBE received from the prime contractor; (4) that all payments under the contract have been m
ade 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 t
o sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and P
rofessions Code. (PCC 10344(e).)
18 Agreement Number: 25-OTS121
City of Simi Valley through the Simi Valley Police Department
E
XHIBIT 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.
C
ancellation/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.
C
ontractor 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
I
f 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. 19