Loading...
HomeMy WebLinkAboutCC Resolution 12293 (Curbing Teen Drinking)RESOLUTION NO. 12293 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE SAN RAFAEL CHIEF OF POLICE TO EXECUTE GRANT #07G-LA31, APPROVING THE USE OF THE STATE DEPARTMENT OF ALCOHOL BEVERAGE CONTROL (ABC) GRANT FUNDS IN THE AMOUNT OF $88,657 FOR EDUCATIONAL AND ENFORCEMENT PROGRAMS DIRECTED AT CURBING TEEN DRINKING DURING THE FISCAL YEAR 2007-2008. WHEREAS, the City of San Rafael and the State Department of Alcohol Beverage Control have entered into a written Memorandum of Agreement dated June 11, 2007; and WHEREAS, the State Department of Alcohol Beverage Control granted the City of San Rafael $88,657 in grant funds; and WHEREAS, to discourage the teenage drinking rate in the city of San Rafael through a variety of proven strategies such as minor decoy programs, shoulder tap operations, community education and youth counseling; and WHEREAS, the Police Department will use those funds for personnel costs for the School Resource Officers, Youth Services Personnel and other assigned personnel; and WHEREAS, the Police Department will use those funds for travel and training, equipment purchases and expenses related to the enforcement activities. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the use of $88,657 in grant funds and authorizes the San Rafael Chief of Police to execute grant contract #07G-LA31. I, Jeanne M. Leoncini, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 2nd day of July, 2007 by the following vote, to wit: AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None JA nne M. Leoncini, City Clerk till'�a �! ' ,STATE OF CALIFORNIA STANDARD AGREEMENT AGREEMENT NUMBER STD 213 (Rev 06/03) 07G-LA31 — REGISTRATION NUMBER 1. This Agreement is entered into between the State Agency and the Contractor named below STATE AGENCY'S NAME Department of Alcoholic Beverage Control _ CONTRACTOR'S NAME City of San Rafael through the San Rafael Police Department 2, The term of this Jul 1, 2007, through June 30, 2008 Agreement is: y g 3. The maximum amount $ 88,657.00 of this Agreement is: 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference mac a part of the Agreement: Exhibit A - Scope of Work/Project Narrative 4 pages Exhibit B - Budget Estimate 1page Exhibit C - General Terms and Conditions GTC 307* Exhibit D - Payment Provisions 2 pages 1?, ; 6 Lo v-ir Exhibit E - Special Terms and Conditions 1 page N71 ,?TIo-Qo Items shown with an Asterisk (*) are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at www.documents. des.ca.gov/o1s/GTC-307doc IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR CONTRACTOR'S NAME (Ifother than an individual, state whether a corporation, partnership, etc.) City of San Rafael through the San Rafael Police Department BY (Authorized Signature) (DATE IGN (Do not type) G DATE D NAME Ak6 TITLE OF PERSON SIGNING Matthew Odetto, Chief of Police ADDRESS 1400 Fifth Avenue San Rafael, CA 94901 STATE OF CALIFORNIA AGENCY NAME DepartmentLture Bever , Control BY (Authoriz Sig PRINTED NAME AND TITLE OF P R N SIGNING Dennis J. Clear, Assistant irector, Administration ADDRESS 3927 Lennane Drive, Suite 100 Sacramento, CA 95834 DATEGNE (Do not type) S1& 6 7 r r California Department of General Services Use Only APPROVED AUG - 3 2007 GENERAL SERVIL ❑ Exempt per 7�)IL,--7- , - f", r �. #F STATE OF IFORNIA STAND AGREEMENT STD 213 (Rev, 0 03) AGREEMENT NUMBER 07G-LA31 REGISTRATION NUMBER 1. This A,oTeement 's entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAM Department of Al erage Control CONTRACTOR'S NAME City of San RafaSan Rafael Police Department 2. The term of this Agreement is: Jhrough June 30, 2008 3. The maximum am.00 of this Agreement 4. The parties agree to comply wie terms and conditions of the following exhibits which are by this reference mad a part of the Agreement: Exhibit A - Scope of Work/Project arrative 4 pages Exhibit B - Budget Estimate 1page Exhibit C - General Terms and Conditi s GTC 307 Exhibit D - Payment Provisions 2 pages Exhibit E - Special Terms and Conditions 1 page IN WITNESS WHEREOF, this Agreement has been executed by th\SJCGiNE1D) eto. CONTRACTOR CONTRACTOR'S NAME (If other than an individual, slate whether a corporation, partn City of San Rafael through the San Rafael Police Departm BY (Authorized Signature) (DAnot type) PRINTED NAME AND TITLE OF PERSON SIGNING Matthew Odetto, Chief of Police ADDRESS 1400 Fifth Avenue San Rafael, CA 94901 STATE OF CALIFORNIA AGENCY NAME Department f �Icoholic Bevera p-1Control BY (Autho 'zed Sign turDATE SI NED Do not type) �_ - N6 167 PRINTED NAME AND ITLE OF Pf ICON SIGNING l Dennis J. Clear, AssistarkDirector, Administration ADDRESS 3927 Lennane Drive, Suite 100 Sacramento, CA 95834 California Department of General Services Use Only ]PROJECT NARRATIVE 1. SUMMARY: Exhibit A The City of San Rafael is the county seat for Marin County and is located 17 miles north of San Francisco. The City encompasses 22 square miles, including 17 square miles of land and 5 square miles of water and tidelands located on the San Francisco Bay. San Rafael is a charter city serving a population of 56,900 under a Council - Manager form of government. Marin County is predominately upper -middle class with San Rafael having a median household income of $74,398. The ethnic breakdown is 68.9% White, 23.3% Hispanic, 5.6% Asian and 2.2% African-American. San Rafael has 10 elementary schools, 3 high schools and 2 colleges. The San Rafael Police Department has 74 sworn and 32 non -sworn employees serving under the direction of the Chief of Police. The department has two divisions: Patrol and Support Services. Patrol is the has 46 sworn officers supervised by a Captain and includes Patrol, Traffic, SWAT, Ranger/Marine Auxiliary, Downtown Foot Beat, Directed Patrol, and Mental Health Liaison. Support Services has 38 sworn officers supervised by a Captain and includes Investigations, Personnel and Training, Dispatch and Records, Property and Evidence, School Resource and Youth Services Counseling. This grant will be administered under the direction of the Support Services Division Captain. The Investigations Unit Sergeant will supervise the operational component. The two School Resource Officers assigned to the Investigations Unit will be primarily responsible for the education, enforcement and training activities, with additional resources provided by Patrol Officers and Youth Services Counselors. The City of San Rafael currently has 46 ABC licensed establishments. This includes numerous restaurants, convenience and liquor stores, along with several bar and nightclubs. The San Rafael Police Department is requesting a total of $88,657 under this Grant Assistance Project. The department will supplement these efforts with $18,312 through other funding sources. The San Rafael Police Department has developed an extensive plan for reducing teenage alcohol consumption within the City of San Rafael. The project will utilize a combination of education, intervention, enforcement and counseling strategies to address alcohol-related problems. The San Rafael Police Department has identified the following goals and objectives as the priorities for this Grant Assistance Project: 1. Conduct at least 4 "Minor Decoy" operations on a total of 40 ABC licensed establishments. 2. Conduct at least 6 "Shoulder Tap" operations on the premises of 30 licensed establishments. 3. Conduct 2 IMPACT operations on a total of 10 ABC licensed establishments. 4. Conduct at least 16 "Juvenile Alcohol Patrol" operations following school related functions. 5. Conduct at least 20 "Juvenile Alcohol Patrol" operations during special community events. 6. Implement an educational program at the local high schools and provide instruction to 50% of all 9'J' grade students. 7. Implement an educational program at the local university and provide instruction to 20% of all college freshmen under 20 -years old. 8. Deliver educational presentations to at least 4 neighborhood groups. 9. Issue 4 press releases regarding the grant and the related activities. 10. Provide briefing training on alcohol-related issues for all personnel assigned to the Patrol Bureau 11. Conduct quarterly briefing training in 30 -minute blocks with each Patrol Team beginning in August 2007 and continuing through May 2008. 12. Provide counseling services to at least 100 minors and their families referred through juvenile diversion for alcohol-related offenses. Exhibit A 2. PROBLEM STATEMENT: The City of San Rafael is an upper middle class area that currently has a problem with under age teen drinking. Marin County currently has one of the highest rates of teenage alcohol consumption. This statement is supported by a recent Healthy Kids Survey, which is periodically conducted throughout the country. Teenage drinking rates in Marin County average about 20% higher than other counties in California and the United States. Alcohol is easily obtainable by teens in this county and it is used in large quantities. This observation is based on police enforcement of teenage parties within San Rafael. Underage drinking is a significant cause of both mental and physical damage to our youth. Some examples are teenage parties at private residences where parents are either gone or, in many case, they actually condone such activities. These types of parties have resulted in damage to homes, physical altercations resulting in serious injuries, and property theft, including firearms. In addition, sexual assaults have occurred, which have required many hours of police investigation. Such cases are usually very difficult to prosecute because both the suspect and victim were intoxicated during the assault, which results in diminished capacity and impeached testimony. The City of San Rafael has also experienced problems with underage drinking parties being held in local hotels. In many cases, high school students who are 18 -years old or parents of younger students will rent rooms for parties following sanctioned school functions. The students bring alcohol to the rooms and host parties, which quiet frequently result in property damage, fights and sexual assaults. Often times the incidents go unreported anless the hotel employees report such problems. In December of 2005, two teenagers were killed in Marin in an auto accident. Both of these teens had been to an underage drinking party where keys were collected. Despite being told not to leave, the victims left the residence and were killed in a high-speed vehicle collision. Autopsy results indicated both teenagers were very intoxicated. This incident created a large amount of community concern in Marin County. It brought to light the problem of teenage drinking in our county. In response to this incident the County Board of Supervisors passed civil ordinance, which targets social hosts and levies punishments against parents who allow underage drinking parties in their own homes. The other 10 cities in Marin are now working on passing similar ordinances. Easy access to alcohol and the lack of parental concern are the two main problems facing our community. This project will utilize a combination of education, intervention, enforcement and counseling strategies to address teenage alcohol consumption and other alcohol-related problems. 3. PROJECT DESCRIPTION: The San Rafael Police Department believes the teen drinking problem must be addressed utilizing a variety of proven strategies. As a law enforcement agency, we recognize we are only one piece of the puzzle in solving this problem and intend to solicit the assistance of other community agencies to reduce teenage consumption of alcoholic beverages and limit the negative impacts, which are a natural result of underage drinking. Listed below are the approaches that we would like to take to keep our youth safe. Minor Decoy & Shoulder Tap Operations: Goal: The San Rafael Police Department participated in a recent two-year ABC grant administered by the Marin County Department of Health and Human Services, which utilized minor decoy and shoulder tap operations within the city. In the past year we conducted two decoy operations, which resulted in citations of two ABC licensed establishments, and three shoulder tap operations, which resulted in the citation of six adults. One way to reduce access to alcohol by our youth is to :Hake sure that stores comply with the lair b�.- checking identification used by people purchasing alcohol. Exhibit A In addition; we have found that most adults who purchase alcohol for our youth are homeless persons who loiter in front of liquor stores. These types of operations have been successful in the current grant and we want to continue to test our liquor establishments in the future. Objectives: Conduct at least 4 "Minor Decov" operations on a total of 40 ABC licensed establishments. Conduct at least 6 "Shoulder Tap" operations on the premises of 30 licensed establishments. Conduct 2 IMPACT operations on a total of 10 ABC licensed establishments. Juvenile Alcohol Patrols and Special Event Enforcement: Goal: The department is currently using its own funds to conduct juvenile alcohol patrols several weekends each month. Officers wearing plain clothes and driving unmarked vehicles are assigned to check on liquor stores, patrol popular drinking areas, and disperse and investigate juvenile alcohol parties. We have found that this type of patrol results in the greatest return on investment. In addition, The City of San Rafael is host to nearly 80 special events in the downtown area throughout the year and many allow the sale of alcoholic beverages. These events include the Downtown Farmer's Market and the Marin County Fair, which draw a high volume of teenagers from the entire county. We would like to use grant funds to supplement juvenile patrol operations at special events to handle enforcement of alcohol related violations. Objective: Conduct at least 16 "Juvenile Alcohol Patrol" operations following school related functions. Conduct at least 20 "Juvenile Alcohol Patrol'' operations during special community events. Community Education and Teaching Programs: Goal: Recent studies indicate the teenage consumption of alcohol rises dramatically starting in l Oth grade. We would like to implement a teaching program in our high schools to inform students about alcohol use and abuse in an attempt to reduce teenage drinking. We would like to offer a similar program at PTSA (Parent Teacher Student Association) meetings, neighborhood associations and other community groups in order to educate parents about the dangers of teen drinking. We also have a university in San Rafael and have experienced a significant volume of alcohol related offenses, including sexual assaults in the dorm rooms. We would also want to bring a teaching program to the college level in an attempt to reduce such problems. Objective: Implement an educational program at the local high schools and provide instruction to 50% of all 9t' grade students. Implement an educational program at the local university and provide instruction to 20% of all college freshmen under 20 -years old. Deliver educational presentations to at least 4 neighborhood groups. Issue 4 press releases regarding the grant and the related activities. In Service Training: Goal: One area that requires attention is how the patrol officer handles alcohol violations. We have found that the quality of officer response varies widely. Some officers cite juveniles and others simply confiscate the alcohol and send the juveniles on their way. We want to use a portion of this grant to educate our officers about the problem of teen drinking in our county. We are proposing training sessions for officers to make them more aware of their role in stemming the impact of teenage drinking. Objective: Provide briefing training on alcohol-related issues for all personnel assigned to the Patrol Bureau. Conduct quarterly briefing training in 30 -minute blocks with each Patrol Team beginning in August 2007 and continuing through May 2008. This will provide a total of two hours of instruction to each uniformed officer during the four proposed training phases. Exhibit A Youth Services Counseling: Goal: The majority of the juveniles cited or arrested for alcohol-related violations are diverted from the criminal justice system to counseling services provided through the San Rafael Police Department Youth Services Bureau. We have found mandated individual and family counseling to be an effective method from educating minors and their parents about the problems associated with underage alcohol consumption. In the past year the Youth Services Bureau handled in excess of 120 juvenile diversion cases involving minors in possession of alcohol. We would like to continue these efforts by providing alcohol-related counseling services to minors and their parents. Objective: Provide counseling services to at least 100 minors and their families referred through juvenile diversion for alcohol-related offenses. 4. PROJECT PERSONNEL: This grant will be the responsibility of the Support Services Bureau Investigations Unit. The Project Director will be Captain Michael Keller. He has been the Support Services Bureau Captain for the past three years and has coordinated five grants involving Health and Human Services, Elder Abuse and School -Law Partnerships. Sergeant Alan Piormbo will be responsible for ensuring the implementation of the various proposed strategies outlined in the project description. He has been the Investigations Unit supervisor for the past year and holds a Bachelor's Degree in Management. Youth Services Bureau Supervisor Rebecca Kuga will be responsible for providing counseling services through juvenile diversion. She holds a Master's Degree in Counseling Psychology and is certified as a Marriage, ID Family and Child Counselor by the California State Board of Behavioral Sciences. Corporal Harry Barbier and Officer Buffy Paxson are assigned as School Resource Officers and will be primarily responsible for the education, enforcement and training activities. Harry Barbier holds a Master's Degree in Public Administration and has served as a School Resource Officer for 10 years. Buffy Paxson holds a Bachelor's Degree in Psychology and has served as a School Resource Officer for two years. EXHIBIT B BUDGET ESTIMATE BUDGET CATEGORY AND LINE -ITEM DETAIL COST (Round budget amounts A. Personnel Services (salaries, overtime, and benefits) to nearest dollar) YSB Supervisor $7990/mo. 10% $ 9580 $ 9,588 Police Corporal $7512/mo. 25% $22536 $22,536 Police Officer $7155/mo. 25% $21465 $21,465 Overtime Estimate 220 hours @ $61.91 $13,620 Employee Benefits Estimate @ 30% x $53,589 $16,076 TOTAL PERSONNEL SERVICES $83,285 B. Operating Expenses (maximum $2,500) Minor Decoy Operations, Shoulder Tap Operations "Buy Money" $ 1,500 TOTAL OPERATING EXPENSES $ 1,500 C. Equipment (maximum $3,000) Night Vision Binoculars (Surveillance) $ 669 Portable ID Verifier (Verify Identification) $ 351 Handheld PAS Device (Alcohol Screening) $ 702 TOTAL EQUIPMENT $ 1,722 D. Travel Expense/Registration Fees (maximum $3,500) Registration for July 2007 GAP Conference (2) Attendees at $150 each $ 300 Registration for January 2008 Conference (2) Attendees at $150 each $ 300 Travel, Per Diem, and Lodging (July 2007 & January 2008 Conferences) $ 1,550 TOTAL TRAVEL EXPENSE $ 2,150 TOTAL BUDGET ESTIMATE, ALL CATEGORIES $88,657 GTC 307 EXHIBIT C GENERAL TERMS AND CONDITIONS 1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained. 2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. 3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment. 4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code § 10115 et seq., CCR Title 2, Section 1896). 5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement. 6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute. 7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand. Exhibit C — page 2 8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State. 9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code § 12205). 10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12990 (a -f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a -f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. 11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 307 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto. 12. TIMELINESS: Time is of the essence in this Agreement. 13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided. 14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California. Exhibit C — page 3 15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below. a. The Government Code Chapter on Antitrust claims contains the following definitions: 1). "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2). "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554. 16. CHILD SUPPORT COMPLIANCE ACT: "For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that: a). The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b) The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providipg the names of all new employees to the New Hire Registry maintained by the California Employment Development Department." Exhibit C — page 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 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. S AADME-AHOMEPAGEMC-307. doc Exhibit D Payment Provisions 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 2007. 2. Revisions to the "Project Narrative" and the "Budget Estimate" may be requested by a change request letter submitted by the Contractor. If approved by the State, the revised Grant Assistance Program Narrative and/or Budget Estimate supersede and replace the previous documents bearing those names. A contract amendment will be required to implement any such changes with the exception that changes in a budget line item of expense not to exceed five percent (5%) of the line item may be authorized without requiring a contract amendment if the total amount of the contract remains 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 Estimate" 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. Exhibit D 7. Prior authorization by the State in writing is required before Contractor will be reimbursed for any purchase order or subcontract exceeding $3,000 for any articles, supplies, equipment, or services to be purchased by Contractor and claimed for reimbursement. Contractor must justify the necessity for the purchase and the reasonableness of the price or cost by submitting three competitive quotations or justifying the absence of bidding. 8. Prior approval by the State in writing is required for the location, costs, dates, agenda, instructors, instructional materials, and attendees at any reimbursable training seminar, workshop or conference, and over any reimbursable publicity or educational materials to be made available for distribution. Contractor is required to acknowledge the support of the State whenever publicizing the work under the contract in any media. 9. It is understood between the parties that this contract may have been written before ascertaining the availability of appropriation of funds, for the mutual benefit of both parties. in order to avoid program and fiscal delays that would occur if the contracts were executed after that determination was made. 10. BUDGET CONTINGENCY CLAUSE - It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement. If funding for any fiscal year is reduced or deleted 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. Exhibit E Special Terms and Conditions 1. Disputes: Any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Director, Department of Alcoholic Beverage Control, or designee, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Department shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the State a written appeal addressed to the Director, Department of Alcoholic Beverage Control. The decision of the Director of Alcoholic Beverage Control or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, Contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the State. 2. Termination Without Cause: Either party may tenninate 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 approved by the Office of Legal Services, State Department of General Services, if required, and if adequate funds are appropriated in Item 2100-101-3036, Budget Act of 2007, for the purposes of this program. 4. Contractor Certifications: By signing this agreement, Contractor certifies compliance with the provisions of CCC 307, Standard Contractor Certification Clauses. This document may be viewed at: www.dgs.ca.gov/contracts. 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.