HomeMy WebLinkAboutCC AG PKT 2012-06-25 #H f` ';•rD y
AGENDA STAFF REPORT jU=- 1
DATE: June 25, 2012
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Robert M. Luman, Chief of Police
SUBJECT: ACCEPTANCE OF STATE DEPARTMENT OF
ALHOHOLIC BEVERAGE CONTROL GRANT MONIES
SUMMARY OF REQUEST:
That the City Council adopt Resolution No. 6268 allowing the City of Seal Beach
through the Seal Beach Police Department to enter into a contract between the
City of Seal Beach and the State of California Department of Alcoholic Beverage
Control.
The Seal Beach Police Department monitors crime and quality of life conditions
relative to the 63 State of California Department of Alcoholic Beverage Control
(ABC) licensees within the City. The Police Department applied to ABC for a
$45,678 grant in non-supplanting funds designed to aid in alcohol license, abuse,
and enforcement. The Chief of Police will be authorized to execute on behalf of
the City of Seal Beach a contract with the State of California Alcoholic Beverage
Control for the stated purposes in the contract and authorize acceptance of the
monies.
BACKGROUND AND ANALYSIS:
The City of Seal Beach is often described as a quaint seaside village. The
predominant section most readily identified by this description would be the
eclectic "downtown" commercial/residential district known as Old Town and Main
Street. Main Street has 19 ABC licensees within its three-block length.
In 2009 the City of Seal Beach applied for and received a grant, in partnership
with the City of Los Alamitos, from the ABC under their Grant Assistance
Program (GAP). The current GAP will focus on the ability of minors to procure
alcohol within the city, the alcohol related problems generated by late night
patrons at ABC Licensees within the 100 block of Main St, as well addressing
public intoxication arrests.
The Seal Beach Police Department evaluated calls for service generated during
2011 within the area comprising the 100 block of Main Street. This area was
Agenda Item H
specifically identified as an area of concern in the 2009-2010 ABC Grant
Proposal as there are four ABC licensed locations located within approximately
100 yards of each other. These four locations consistently generate the highest
number of calls for service of all on-sale locations within the city.
These quality of life issues can be significantly improved by using grant funds to
implement directed enforcement, specifically targeting areas that generate the
highest number of calls for service from the police department.
ENVIRONMENTAL IMPACT:
There is no Environmental Impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FISCAL IMPACT:
There is no impact to the General Fund Budget. These grant monies will fund this
specific enforcement effort.
RECOMMENDATION:
Staff recommends that Council adopt Resolution No. 6268 allowing the Chief of
Police to execute on behalf of the City of Seal Beach all contracts and proposals
including any extensions or amendments thereof and any subsequent contract with
the State in relation thereto.
SUBMITTED BY: NOTED AND APPROVED:
R
R t.11.11
ob- M. Luman, C ief of Police R. Ingram, Cit 6., ager
Prepared by: Captain Tim Olson
Attachments:
A. Resolution No. 6268
• B. Standard Agreement between the City of Seal Beach and the State of
California Department of Alcoholic Beverage Control
Page 2
RESOLUTION NUMBER 6268
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
ACCEPTING CALIFORNIA DEPARTMENT OF ALCOHOLIC
BEVERAGE CONTROL GRANT ASSISTANCE PROGRAM
MONIES.
WHEREAS, the City of Seal Beach desires to undertake a project to be funded in
part from funds made available through the Grant Assistance Program (GAP)
administered by the Department of Alcoholic Beverage Control (hereafter referred
to as ABC);
NOW, THEREFORE, BE IT RESOLVED the Chief of Police of the City of Seal
Beach is authorized, to execute on behalf of the City Council the contract, including
any extensions or amendments thereof and any subsequent contract with the State
in relation thereto.
IT IS AGREED that any liability arising out of the performance of this contract,
including civil court actions for damages, shall be the responsibility of the grant
recipient and the authorizing agency. The State of California and ABC disclaim
responsibility for any such liability.
BE IT FURTHER RESOLVED that grant funds received hereunder shall not be
used to supplant expenditures controlled by this body.
IT IS ALSO AGREED that this award is not subject to local hiring freezes.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 25th day of June ,2012 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6268 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council at
a regular meeting held on the 25th day of June , 2012.
City Clerk
STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213(Rev 06/03) AGREEMENT NUMBER
12G-LA50
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
CONTRACTORS NAME
City of Seal Beach through the Seal Beach Police Department
2. The term of this July 1, 2012 through June 30, 2013
Agreement is:
3. The maximum amount $ 45,678
of this Agreement is:
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a
part of the Agreement.
Exhibit A—Scope of Work 4 page(s)
Exhibit B—Budget Detail and Payment Provisions .. . . 3 page(s)
•
Exhibit C*—General Terms and Conditions GTC 610
Check mark one item below as Exhibit D:
® Exhibit-D Special Terms and Conditions (Attached hereto as part of this agreement) 1 page(s)
❑ Exhibit- D*Special Terms and Conditions
Exhibit E—Additional Provisions page(s)
Items shown with an Asterisk(*), are hereby incorporated by reference and made pad of this agreement as if attached hereto.
These documents can be viewed at www.ols.dgs.ca.gov/Standard+Language
IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto.
CONTRACTOR California Department of General
Services Use Only
CONTRACTORS NAME(if other than an individual,state whether a corporation,partnership,etc.)
City of Seal Beach through the Seal Beach Police Department
BY(Authorized Signature) DATE SIGNED(Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
Robert Luman, Chief
ADDRESS
911 Seal Beach Blvd.
Seal Beach, CA 90740
•
STATE OF CALIFORNIA
AGENCY NAME
Department of Alcoholic Beverage Control
BY(Authorized Signature) DATE SIGNED(Do not type)
AtC
PRINTED NAME AND TITLE OF PERSON SIGNING ® Exempt per: GC 14616
Ed Jimenez,Assistant Director, Administration
ADDRESS
•
3927 Lennane Drive, Suite 100; Sacramento, CA 95834
•
Exhibit A
SCOPE OF WORK
Summary—
The Seal Beach Police Department employs 31 sworn officers, 27 support staff, 43 civilian volunteers and over
400 Civilian Emergency Response Team (CERT) members. We are a full service law enforcement agency. Our
command staff consists of a Chief of Police, a Captain who is the Operations Division Commander and a
Lieutenant who is the Support Division Commander. There are 16 Officers and four Sergeants assigned to
uniformed patrol providing first responder services along with two Motor Officers who comprise the traffic
unit. Our Detective Bureau consists of three Detectives and one Detective Sergeant providing proactive and
reactive investigative support to address crimes occurring in our city.
The City of Seal Beach Seal Beach is located in the westernmost corner of Orange County. To the southeast is
the city of Huntington Beach with the neighborhoods of Huntington Harbor and Sunset Beach. To the east are
the cities of Westminster and Garden Grove. To the north is the unincorporated community of Rossmoor and
the city of Los Alamitos. To the northwest we are bordered by the city of Long Beach in Los Angeles County.
Seal Beach comprises an area of 13.2 square miles and has a population of 24,168 comprising over 13,000
households and 5,900 families. It is home to the first major planned retirement community in the United States,
Leisure World, boasting a population of over 9,000 and encompassing nearly one square mile. We are home to
The United States Navy's primary West Coast ordnance storage, loading and maintenance installation facility
where they service cruisers, destroyers, frigates and medium-sized amphibious assault ships is located at the
Naval Weapons Station Seal Beach. We have seen significant growth in both our commercial development near
the center of the city and in the large multiuse retail centers in the north end of town. As a tourist destination our
population swells significantly during the summer months and whenever pleasant weather is forecast during
other months.
The city of Seal Beach has 63 ABC licensees comprising on-sale general, beer and wine, and Bona Fide Public
Eating Places and off-sale general as well as beer and wine. Problems in our community range from underage
drinking, serving and providing alcohol to minors, the serving of obviously intoxicated patrons, to noise
complaints, fights, assaults and DUI's. Most of these calls are"Quality of Life"issues within our community.
Our efforts to combat these problems will be implemented utilizing a multifaceted approach. First, we will look
to educate all of our ABC licensed business establishments, both our longstanding and the significantly newer.
Second, we will work to inform and enlighten our local community as to our viable relationship with ABC and
our efforts to capitalize on that partnership through education and enforcement strategies. Third, we will employ
various proactive enforcement operations, both high profile and covert, which will further serve as a significant
visual, physical, and economic deterrence. We are requesting funding in the amount of$45,678. These funds
would allow us to conduct 14 enforcement operations, both direct enforcement and partnership based learning,
while also hosting ABC provided educational training for our licensees and their employees. We would
continue to maintain and nurture the healthy relationship we currently enjoy with ABC through in service roll-
call training and operational collaboration.
•
Problem Statement—
In 2007 the city of Seal Beach 64 ABC Licensees. Since then we have had 16% of those licenses transferred
ownership, 24% are held by entirely new licensees and 34% of our total licensees are located on Main Street,
within 1,600 feet of each other. Moreover, 20% of our total licensees are located within a 685 foot block of
Main Street just steps from the ocean and four of the.licensees within this densely compacted area are popular
Irish themed restaurants and bars. There where over 300 calls for police service in 2011 directly related to these
licensees. It has become necessary to redirect multiple police units to Main Street by 1:00am to help mitigate
the noise, assault, urinating in public and DUI complaints that historically occur by their 2:00am closings.
Exhibit A
Main Street itself is only 1,950 feet long and runs through the heart of our"Old Town"District. This
concentration of ABC licensees has in many ways benefited our local economy as well as provided a
destination for our significant visitor population. However, we have also seen a dramatic increase in calls for
service since 2007,both citizens reported and officer generated, which are alcohol related.
Specifically, the city of Seal Beach has seen a significant rise in alcohol related, and generated, crime over the
past few years. In 2011 alone, on Main Street exclusively, we had over 60 arrests specifically identified as
having been for alcohol related crimes that included; Drunk in Public, Urinating in Public, Minor Driver DUI,
• Adult Driver DUI, Indecent Exposure, Domestic Abuse and Assault and Battery. This accounted for 45% of all
arrests made on Main Street. Citywide we had over 392 arrests for crimes that were specifically alcohol related
including 182 for Public Intoxication and 210 for DUI specifically.
Over the past couple of years the Seal Beach Police Department has found itself mired in several high profile
criminal investigations which have unfortunately detracted from our proactive efforts involving mitigating
alcohol related problems arising out of our ABC Licensed premises. These cases involved the murder and child
abuse investigation occurring on the Seal Beach Naval Weapons Station Military housing complex, two cases
involving multiple defendants involved in producing, transporting and passing millions of dollars worth of
counterfeit American Express Traveler's checks, as well as the largest Mass Murder Incident in Orange County
history occurring at the Salon Meritage in Seal Beach which resulted in the deaths of eight people and the .
wounding of a ninth. Several cases have been adjudicated, will resolve shortly or are likely years from trial.
These lengthy and critical investigations have resulted in a significant financial impact to our city resources.
We are looking for support in offsetting the costs associated with implementing the goals and objectives
contained within this grant proposal. We not only want to educate our licensees, increase public awareness of
alcohol related issues and curtail criminal behavior through aggressive enforcement operations but to help
reinforce our community's sense of safety and security by actively participating in maintaining and improving
quality of life issues through our enforcement efforts utilizing these effective, proactive and proven strategies.
Project Description—
LEAD (Licensee Education on Alcohol and Drugs)—
The ABC facilitated LEAD training presents information to the Licensees within our city on ABC regulations,
related laws and best practice strategies. This allows our licensees and their respective employees to receive
initial or refresher training aimed at enhancing their knowledge to prevent and dissuade violations from •
occurring. By hosting this training we reinforce our desire to not only build strong relationships but to maintain
them through cooperative partnerships with both ABC and their police department.
We will offer and host the LEAD training at our department for all our ABC Licensees within the first quarter.
IMPACT (Informed Merchants Preventing Alcohol-Related Crime Tendencies)—
We will conduct IMPACT inspections at all of our on-sale and off-sale premises to help identify and address
. potential problem areas with our licensees in an effort at reducing crime and disorder at these establishments.
This program fosters a community oriented approach to problem solving by generating positive interactions
between the relevant stakeholders. It has been over five years since IMPACT inspections were last conducted
and 40% of our current licensees are new businesses or where ownerships have since changed.
We will conduct IMPACT inspections on all on-sale and off-sale licensees in the city during the first two
quarters of the grant. During the last quarter we will conduct follow-up inspections locations where deficiencies
were identified. This allows licensees time to rectify identified problems and promotes positive interactions.
Exhibit A
ROLL CALL TRAINING—
Since 2007 over 30% of our police officers are new to our depai tment. We will conduct roll call briefing
trainings for all of our patrol personnel during the first month of the grant. This initial training will ensure our
patrol force, especially our newest members, receives the latest information on ABC laws, regulations and
effective enforcement strategies. We will then conduct quarterly roll call trainings working with ABC to
provide our officers with a clear overview and understanding of what.cooperative efforts can and have been
successful in other communities. This insight will help our agency with developing effective partnerships with
our licensees.
•
MINOR DECOY—
We will conduct four quarterly Minor Decoy operations throughout the city in an attempt to discourage
licensees or their employees from providing alcohol to underage minors. We will visit both on-sale and off-sale
ABC licensed locations. We will specifically visit all of the licensee locations on Main Street as well as those
licensees who are located along Pacific Coast Hwy in addition to new licensees and locations where previous
violations have been documented. During the last quarters operation we will revisit those licensees who were
unsuccessful during one of the previous three quarters operations.
SHOULDER TAP—
We will conduct four quarterly Shoulder Tap operations throughout the city in an attempt to discourage both
irresponsible persons from providing alcohol to minors and minors from obtaining and consuming alcohol. We
will specifically visit off-sale licensee locations located in the area known as "Old Town" as well as all
locations where previous violations have been documented. During the last quarters operation we will revisit
those licensees who were unsuccessful during one of the previous three quarters operations.
DRUNK DECOY—
In 2011, there were 182 arrests for public intoxication in Seal Beach with the highest concentration found in the
Old Town areas in and around Main Street. In an effort to combat this public safety issue we will employ a
fairly new enforcement technique. We will utilize an undercover"decoy" who will look, smell and behave like
an individual who was clearly under the influence of alcohol and have them attempt to purchase alcohol. If the
establishment provides additional alcohol to our"obviously intoxicated" decoy we will immediately contact the
owner/manager and their employee(s) and explain the purpose of our operation. We will then advise the
licensee regarding methods to identify overly intoxicated patrons and the appropriate actions they could take. In
addressing these issues first hand we can work cooperatively in curtailing this activity. We would conduct this
operation on at least two occasions during the summer and early fall months when violations are most prevalent.
DIRECTED PATROL—
Additionally, we had over 210 arrests for DUI with nearly half occurring in the Old Town area and along the
Pacific Coast Hwy corridor through town. We would perform directed enforcement efforts utilizing a uniformed
presence to specifically patrol the Old Town area on and adjacent to Main Street, on foot and in vehicles, during
the later evening and early morning hours. By having this proactive presence observed on multiple occasions
we create a climate wherein inappropriate behavior perpetrated by overly intoxicated individuals would not be
tolerated and their actions immediately addressed. We would work with our area licensees as stakeholders and
community partners. These efforts would help address the issues at their source so they do not continue to
manifest themselves into negative quality of life issues within and around our community. We would conduct at
least one operation quarterly with at least two operations being conducted during the summer and early fall
months when violations are most prevalent.
Exhibit A
PATH (Proactive Approach to Target Hardening)—
We have repeatedly found that underage minors will undertake many illicit strategies in order to obtain alcohol
or gain admittance to locations where underage minor are prohibited. One of the common schemes undertaken
by minors is to procure fictitious, fraudulent or counterfeit identification in order to purchase or enter restricted
establishments. Another technique is to circumvent or bypass the safeguards many licensees rely on to ensure
that the patrons within their respective establishments have been identified and confirmed as being legally able
to purchase and consume alcohol.
The term "Target Hardening" is often utilized to describe proactive measures undertaken by those responsible
for maintaining the critical infrastructures of a community against unwanted disruption.
It is our goal to work with our Licensees as responsible stakeholders and community partners in employing the
same"Target Hardening"philosophy and applying it to their local businesses. All of our licensees expressed
that they have a sincere and fervent desire to avoid selling or serving alcohol to minors. However, our agencies
experiences have shown that they are not always as successful as they possibly could be in these endeavors and
that we are just as interested in a their success and we have desire a partnership designed to prevent it.
Our PATH (Proactive Approach to Target Hardening) idea is to conduct sight surveys at our problematic ABC
. licensed locations and any other licensee who desires it.These surveys would offer suggestions aimed at -
reducing the likelihood of minors entering or remaining in their locations. After the suggestions are made and
time has been given for the licensees to implement them, officers would utilize minor decoys to verify that their
locations have been"Hardened" and that they are successful in circumventing minors entering or remaining in
their establishments thereby reducing dramatically the minor purchasing, obtaining or consuming alcohol.
These surveys will be offered at the onset of the grant and will be completed at our problematic locations within
the first quarter and at our other licensee locations as they are requested.
•
Project Personnel—
The Seal Beach Detective Bureau will be responsible for this grant with Detective Dave Barr acting as the
project director. Detective Barr has been a police officer for over 23 years and a detective for the past 5 years.
He has a Bachelors of Science Degree in Criminal Justice Management and he has attended over 1,400 hours of
advanced officer training. He has worked for several years with both ABC Investigators and Supervisors as an
Adjunct Faculty member at Golden West College.
The Detective Bureau Supervisor is Sergeant Ron LaVelle. Sergeant LaVelle has been a•police officer for over
27 years with a myriad of assignments including narcotics, vice and undercover operations. He is a graduate of
SLI, the Supervisory Leadership Institute and has a Bachelors of Science Degree.
Detective Joe Hardin has been a police officer for over 12 years and has been a detective for nearly five. Joe has
a Bachelors of Science degree and hundreds of hours of advance officer training. Joe is presently assigned to
investigate white collar crimes and Elder Abuse for Financial gain.
Detective Gary Krogman has been a police officer for over 25 years with 15 years of investigative experience.
He has several hundred hours of advanced officer training and is the departments Lead Homicide Detective.
Our senior officers in uniformed patrol have over 10 years of law enforcement experience. All of our
department personnel have routinely represented this agency with the highest level of personal character and
professionalism. Our agency has successfully worked with ABC Investigators on many previous occasions and
we look forward to continuing that valuable relationship into the future.
•
BUDGET DETAIL
BUDGET CATEGORY AND LINE-ITEM DETAIL COST
(Round budget amounts
A. Personnel Services (straight time salaries, overtime, and benefits) to nearest dollar)
A.1 Straight Time
A.2 Overtime
Overtime Est. 560 hours @ $72.64 per hour $40,678
A.3 Benefits
TOTAL PERSONNEL SERVICES
B. Operating Expenses (maximum $2,500)
Decoy Operations, Shoulder Tap Operations, Drunk Decoy Operations, Directed . _
Enforcement Operations "Buy Money" $500
TOTAL OPERATING EXPENSES $500
C. Equipment (maximum $2,500)
(Attach receipts for all equipment purchases to monthly billing invoice)
Two PUMA Digital Audio Recorders at$500 each $1,000
SLR Camera and Lenses $1,500
TOTAL EQUIPMENT $2,500
D. Travel Expense/Registration Fees (maximum $2,000)
(Registration fee for July 2012 GAP Conference attendees is $200 each)
Registration for July 2012 GAP Conference 2 Attendees at $200 each $400
Travel, per diem and Lodging for the July GAP Conference $1,600
TOTAL TRAVEL EXPENSE $2,000
TOTAL BUDGET DETAIL COST, ALL CATEGORIES $45,678
PAYMENT PROVISION Exhibit B
Page 1 of 2
1. INVOICING AND PAYMENT: Payments of approved reimbursable costs (per Budget Detail
attached) shall be in arrears and made via the State Controller's Office. Invoices shall be
submitted in duplicate on a monthly basis in a format specified by the State. Failure to submit
invoices and reports in the required format shall relieve the State from obligation of payment.
Payments will be in arrears, within 30 days of Department acceptance of Contractor
performance, pursuant to this agreement or receipt of an undisputed invoice, whichever occurs
last. Nothing contained herein shall prohibit advance payments as authorized by Item 2100-
101-3036, Budget Act Statutes of 2012.
2. Revisions to the "Scope of Work" and the "Budget Detail"may be requested by a change
request letter submitted by the Contractor. If approved by the State, the revised Grant
. Assistance Scope of Work and/or Budget Detail supersede and replace the previous documents •
bearing those names. No revision cannot exceed allotted amount as shown on Budget Detail.
The total amount of the contract must remain unchanged.
3. Contractor agrees to refund"to the State any amounts claimed for reimbursement and paid to
Contractor which are later disallowed by the State after audit or inspection of records
maintained by the Contractor.
4. Only the costs displayed in the "Budget Detail" are authorized for reimbursement by the State to
Contractor under this agreement. Any other costs incurred by Contractor in the performance of
this agreement are the sole responsibility of Contractor. •
5. Title shall be reserved to the State for any State-furnished or State-financed property authorized
by the State which is not fully consumed in the performance of this agreement. Contractor is
responsible for the care, maintenance, repair, and protection of any such property. Inventory
records shall be maintained by Contractor and submitted to the State upon request. All such
property shall be returned to the State upon the expiration of this contract unless the State
otherwise directs.
6. If travel is a reimbursable item, the reimbursement for necessary traveling expenses and per
diem shall be at rates set in accordance with Department of Personnel Administration rates set
• for comparable classes of State employees. No travel outside of the State of California shall be
authorized. No travel shall be authorized outside of the legal jurisdiction of Contractor without
prior authorization by the State.
•
PAYMENT PROVISION Exhibit B
Page 2 of 2
7. Prior authorization by the State in writing is required before Contractor will be reimbursed for
any purchase order or subcontract exceeding $2,500 for any articles, supplies, equipment, or
services to be purchased by Contractor and claimed for reimbursement. Contractor must justify
the necessity for the-purchase and the reasonableness of the price or cost by submitting three
competitive quotations or justifying the absence of bidding.
•
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.
Updated 12/2/11
•
•
•
Exhibit D
•
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, dapricious, arbitrary, or so grossly erroneous as
necessarily to imply bad faith, or not supported by substantial evidence. In connection with
any appeal proceeding under this clause, the contractor shall be afforded an opportunity to
be heard and to offer evidence in support of its appeal. Pending final decision of a dispute
hereunder, Contractor shall proceed diligently with the performance of the contract and in
accordance with the decision of the State.
2. Termination Without Cause: Either party may terminate this agreement at any time for any
reason upon ten (10) days written notice. No penalty shall accrue to either party because of
• contract termination.
3. Contract Validity: This contract is valid and enforceable only if adequate funds are
appropriated in Item 2100-101-3036, Budget Act of 2012, 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.ols.das.ca.gov/standard+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.
•
Updated 12/2/11