HomeMy WebLinkAboutAgenda Report - June 20, 2018 C-19TM
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA ITEM
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Accept Grant Administered by the
Department of Alcoholic Beverage Control ($42,867)
MEETING DATE: June 20, 2018
PREPARED BY: Chief of Police
RECOMMENDED ACTION:
Adopt resolution authorizing City Manager to accept grant
administered by the Department of Alcoholic Beverage Control in
the amount of $42,867.
BACKGROUND INFORMATION: The Department of Alcoholic Beverage Control (ABC) Grant
Assistance Program solicited applications in March of 2018 for
alcohol-related enforcements and educational programs. On May
16, the Lodi Police Department received an acceptance letter securing grant funds in the amount of
$42,867 for Fiscal Year 2018/19.
The ABC Grant Assistance Program is designed to assist departments in educating licensees and the
public about alcohol-related laws, reduce the amount of alcohol sold to individuals under age 21 by ABC
licensees, and reduce crime and quality -of -life issues related to the sale and consumption of alcohol.
Last year, the Lodi Police Department received an award to carry out "shoulder tap" enforcements,
"minor decoy" operations and other special event enforcements throughout the community. The
department intends to use these grant funds for these operations in the upcoming fiscal year. The grant
process requires the City Council to authorize the acceptance of funds and approve the proposed
expenditures for the City of Lodi through this resolution.
FISCAL IMPACT: Funds in the amount of $42,867 be appropriated to accounts
21900000.56401 (revenue) and 21999000.77020 (expense).
FUNDING AVAILABLE: Not applicable.
Andrew Keys
Deputy City Ma
/)
Tod Patterson
Chief of Police
Internal Services Director
APPROVED:
IWOSchuer, City Manager
STATF OF CAI IFORNIA — RIISINFSS CONSUMER SFRVICFS, ANUJi01J
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
(916) 419-2500 FAX (916) 419-2599
May 31, 2018
Chief Tod Patterson
Lodi Police Department
215 W. Elm Street
Lodi, CA 95240
Subject: Grant Contract 18G-LA23
Dear Chief Patterson:
dmund G Brown Jr_. Governor
s•.
Enclosed are three (3) copies of the Standard Agreement STD 213 contract to be entered into
between the Department of Alcoholic Beverage Control and the Lodi Police Department
for the total amount of $42,867.
To help expedite processing, please ensure below items are completed before returning
documents.
1. Budget Detail/Exhibit B — Reduce to one page. Edit & include with package.
2. Sign all three (3) STD 213 sets. Each must have an original signature.
3. A copy of your Governing Body's Resolution in acceptance of this funding.
4. Include your Federal Taxpayer's Identification Number here
and return this document with the signed STD 213's.
5. Return to my attention at the above letterhead address within 60 days of receiving
letter/package. If you cannot, please contact me.
After receipt of the above information from your agency, I will process the contract package
for approval. Upon approval, we will execute a fully signed contract for your records.
If you have any questions, I can be reached at (916) 419-2572 or
suzanne.pascual/wabc.ca.gov.
Sincerely,
Suzanne Pascual
Grant Coordinator
Enclosures
Cc: Sergeant Rick Garcia, Project Director (enclosure not included)
STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213 (Rev 06/03)
AGREEMENT NUMBER
18G-LA23
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 Lodi through the Lodi Police Department
2. The term of this
Agreement is:
July 1, 2018
through June 30, 2019
3. The maximum amount $ 42,867
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
Exhibit B — Budget Detail and Payment Provisions
Exhibit C*— General Terms and Conditions
Check mark one item below as Exhibit D:
Exhibit - D Special Terms and Conditions (Attached hereto as part of this agreement)
Exhibit - D* Special Terms and Conditions
Exhibit E — Additional Provisions
4 page(s)
3 page(s)
GTC 04/2017
1 page(s)
page(s)
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.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR
CONTRACTOR'S NAME (if other than an individual, state whether a corporation, partnership, etc.)
City of Lodi through the Lodi Police Department
BY (Authorized Signature)
DATE SIGNED(Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
Tod Patterson, Chief
ADDRESS
215 W. Elm Street
Lodi, CA 95240
STATE OF CALIFORNIA
AGENCY NAME
Department of Alcoholic Beverage Control
BY (Authorized Signature)
DATE SIGNED(Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
Pattye Nelson, Chief, Business Management Branch
ADDRESS
3927 Lennane Drive, Suite 100, Sacramento CA 95834
California Department of General
Services Use Only
® Exempt per: SCM 4.04.(A)(3)
Approved as to form
/)1
Deputy City Attorney /
§COQ' , 011' WORK
1. Summary
Exhibit A
The City of Lodi Police Department is a municipal police department covering approximately 13.88 square
miles and serving a population of about 64,641. Lodi is an agrarian -based modern city with strong ties to the
wine grape industry. Lodi is frequently referred to as the "Zinfandel Capital of the World." Along with this
strong connection to the wine grape industry has come a strong tie to wine and a number of special events,
which are related to wine, held within the City of Lodi. These events include the annual ZinFest; an annual
Spring Wine Show; a bi-annual Lodi Wine Stroll; and an annual Wine and Chocolate Weekend. These events
continue to grow in size and number. In addition Lodi has also hosted two annual beer related festivals, the
Lodi Beer Fest and the Lodi Craft Beer Festival. All of these events, and many other smaller events, include
ABC licensees and impact police services. The police department currently employees 64 sworn officers and
109 total personnel; in 2006 the department employed 78 sworn officers and about130 total personnel. The
department includes 1 Chief, 2 Captains, 5 Lieutenants and 9 Sergeants. We currently staff several units
including Patrol, Traffic, General Investigations, Special Investigations and School Resource Officers --though
all of these units are not currently fully staffed. Due to staffing issues, we are currently unable to staff our two
downtown bicycle officer positions, which have gone unstaffed over the past 8 years. Our downtown includes
several bars, 3 breweries, many restaurants which also serve liquor, and several wine tasting rooms.
Additionally, our downtown is a popular location for special events, such as a Farmer's Market and other
celebrations, which frequently include ABC special event permits. The City of Lodi currently has 199 active
liquor licenses --which gives us one of the highest number per capita out of all the cities in San Joaquin County,
and is an increase of 6 compared to the last grant cycle.
The Lodi Police Department is seeking funds in the amount of $42,867.00 dollars from the Department of
Alcoholic Beverage Control, through the Grant Assistance Program (GAP), to educate the licensees and the
public about alcohol related laws, to help reduce the amount of alcohol sold to minors by ABC licensees, and to
reduce crime and quality of life issues.related to the sale and consumption of alcohol.
The Lodi Police Department has a staff of experienced officers and supervisors who understand that alcohol
consumption is a catalyst for criminal activity. We have supervisors and officers who are familiar with the
requirements for managing and implementing grants, including the ABC GAP grant. We have experience
partnering with other agencies, private businesses and organizations, and other departments in the City to
achieve these goals. We are ready to use a combination of enforcement operations and educational programs to
achieve our objective --to reduce crime and quality of life issues related to the consumption of alcohol.
The City of Lodi currently has 92 off -sale ABC licenses and 107 on -sale ABC licenses. The City's total number
of retail ABC licensees is 199. There are also 151 non -retail ABC licensees in the Lodi area.
2. Problem Statement
The Lodi Police Department has an operational philosophy and utilizes enforcement strategies that marry
education with enforcement to help reduce alcohol related crime, address quality of life issues associated with
alcohol consumption, reduce alcohol related traffic collisions, and the injuries and death caused by those
collisions. We have, in the past, been awarded grants by the Office of Traffic Safety to focus enforcement
efforts on impaired driving and other driving conduct that causes injury and death. In 2014, the Lodi Police
Department partnered with the Lodi Unified School District to bring the "Impact Teen Drivers" educational
program to local high school students. It is an O.T.S. approved program designed to reduce, or eliminate, the
reckless and distracted driving habits of minors and young adults. For over the last decade the Lodi Police
Department has also partnered with the California Highway Patrol to bring the "Every 15 Minutes" program to
Exhibit A
local high schools. We were awarded an ABC GAP grant for the 15-16 and 16-17 fiscal years. This allowed us
to continue to build on the partnership we established with ABC. We did not receive an ABC GAP grant for the
17-18 fiscal year; however we were awarded an ABC–OTS grant to continue our efforts to keep alcohol away
from our youth and to educate licensees regarding responsible alcohol sales and service.
Despite all of the aforementioned efforts there still clearly exists a need for the Lodi Police Department to
continue to combat alcohol related crime through a multi -pronged approach with the assistance of the
Department of Alcoholic Beverage Control. The O.T.S Traffic Safety Rating for 2015 (the most recent year for
which data is available) shows that the City of Lodi has on overall, or composite, ranking of 7th out of 105
cities similar in size. The lower the ranking the worse the score; in this case the City of Lodi is in the bottom
15% of cities similar in size. In 2015 the City of Lodi was also ranked 3rd out of 105 cities similar in size for
collisions involving drivers under the age of 21. The City of Lodi also has a higher number of active retail
liquor licenses, per capita, than other cities in our county. The chart below shows a comparison between five
cities in San Joaquin County in relation to population and liquor licenses. The City of Lodi currently has 1
active retail liquor license for every 334 people and 1 active non -retail liquor license for every 441 people.
When looking at active, non -retail, liquor licenses the disparity is far greater. In addition in 2017, there were
222 DUI arrests, 55 DUI collisions, 426 public intoxication arrests, 135 open alcoholic container citations and
approximately 92 other reports listed as liquor law violations. Our poor traffic safety rankings (7th out of 105
cities similar in size), our high number of active liquor licenses per capita, and the high number of alcohol
related incidents/arrests makes the City of Lodi an ideal place to implement the Minor Decoy, Shoulder Tap,
Trap Door and Cops in Shops operations. We also have the facilities and staff capable of educating the licensees
and public by hosting LEAD classes.
City
# Active Retail Liquor
Licenses*
Population**
Licenses per Capita
Lodi
199
66,641
1 / 334
Stockton
610
307,072
1 / 503
Manteca
134
76,908
1 / 573
Tracy
174
89,274
1 / 513
Ripon
47
15,463
1/ 329
*License information as of March 2018
**Population information estimates as of 2016 national census website
The Lodi Police Department's efforts will be focused on licensees within the City of Lodi. We will focus our
efforts on problem businesses, problem areas and problem crimes related to the consumption of alcohol. We
will give extra attention to our downtown area which has a high density of ABC licensed businesses. We
frequently receive complaints from downtown businesses regarding vandalism, public intoxication and "open
container" violations. Geographically, our downtown is one of our smallest response areas (one of 5 response
areas, or "beats" in the City) but it has one of the highest volumes for calls for service. In the period from
01/01/17 through 03/20/18 there were 2,578 calls for service in the downtown area—which makes up about
21% of all calls for service in the City. The ABC Grant Assistance Program will allow the police department to
better track and report these crimes, as well as provide education and extra enforcement to reduce these crimes.
3. Project Description
The Grant Assistance Program funds will be used by the Lodi Police Department to achieve the following goals
during this grant cycle.
Exhibit A
1. Identify and target problematic ABC licensed establishments, and to continue our current efforts, working
with ABC, to take legal and administrative action against problem licensees.
2. Partner with other agencies, including ABC, other departments in the City, including Code Enforcement and
the Special Events coordinator, and private organizations, including the Chamber of Commerce, to develop and
implement a multi -pronged approach to addressing crime and quality of life issues associated with the
consumption of alcohol.
3. Continue our ongoing education within the department to make certain our officers are aware of standard
operating ABC enforcement procedures and authorities.
4. Prepare a written evaluation of the existing system of transmitting arrest reports involving licensees to the
ABC (as required by Section 24202 Business & Professions Code) and implement a new/improved system of
transmitting arrest reports by 12/31/18.
5. Increase communication and involvement with local community groups and citizen action committees by
meeting with them at least 2 times.
6. Conduct 2 task force operations targeting ABC licensed premises.
7. Conduct at least 4 minor decoy operations.
8. Conduct at least 4 "Shoulder Tap" operations.
9. Conduct at least 2 "Cops in Shops" operations.
10. Conduct at least 2 "Trap Door" operations.
11. Provide 12 (monthly) roll call trainings on alcohol-related issues for all sworn personnel.
12. Coordinate and conduct 2 IMPACT (Informed Merchants Preventing Alcohol -Related Crime Tendencies)
Operations.
13. Schedule and coordinate 2 LEAD (Licensee Education on Alcohol and Drugs) classes.
14. Develop a policy and procedure to inform citizens in our community about this project, and give periodic
updates on the status and accomplishments of the project.
15. Issue 12 (monthly) press releases regarding the grant and/or the activities conducted under the grant
utilizing the local newspaper, social media such as Facebook, Twitter, Instagram and YouTube.
16. Assign officers to focus on alcohol related crime and issues on a regular basis (on Friday, or Saturday, or
during special events) in the downtown area, and other areas where these events are hosted.
Utilize 40 special enforcement operations.
4. Project Personnel
The implementation of this grant will be assigned to the Patrol Division, commanded by Captain David Griffin,
and will be augmented by personnel from the Investigations Division, commanded by Captain Chris Jacobson.
Exhibit A
This grant will be managed and implemented by Lieutenant Shad Canestrino who currently manages Special
Events, Traffic, Police Cadets and OTS grants. He is assigned to the Patrol Division as a watch commander.
Lt. Canestrino has 20 years law enforcement experience, experience writing and managing OTS grants,
implementing educational programs within local schools and coordinating events with other agencies. He is a
POST certified academy instructor and holds a Vocational Teaching Credential in the State of California.
This grant will be supervised and implemented by Sergeant Rick Garcia who currently supervises Patrol,
Cadets, Field Evidence Technicians, Recruitment, and is a Public Information Officer. He is currently assigned
to the Patrol Division as a Patrol supervisor. He has 10 years of law enforcement experience and has been
extensively trained to recognize those impaired by alcohol and has supervised the ABC Grant for the past three
fiscal years (15-16, 16-17 ABC GAP Grants and currently manages the 17-18 ABC -OTS Grant).
These operations will be staffed by sworn officers on an overtime basis. These officers may come from either
the Patrol Division, or Investigations Division as necessary to adequately and effectively staff the operations.
Crime Analyst, Ofc. Dale Miller (rtd), will be utilized to compile statistical data related to the grant and grant
funded operations. Public Safety Analyst, Jennelle Baker-Bechthold, will prepare the financial reports related
to the grant and grant funded operations.
We have a police Cadet Program which allows citizens from ages 16-24 to become working, volunteer,
members of the police department. We have in the past used some of these Cadets, under the age of 21, to
purchase or attempt to purchase alcohol from licensees in the City of Lodi. We intend to use these Cadets and
Cadets from our high school ROP program, to conduct "minor decoy" and "shoulder tap" enforcement
operations.
We have several officers with teaching experience and officers who are POST certified Academy Instructors
who can facilitate LEAD (Licensee Education on Alcohol and Drugs) classes hosted by the Lodi Police
Department in our own community multi -use room. In addition to the grant funded operations, the Lodi Police
Department will staff community outreach events, like "What's My BAC" booths and other community
outreach events to further educate the public regarding alcohol related issues.
The Lodi Police Department has experience in publicizing special operations, such as the ones we would be
doing in conjunction with this grant. We have an established network of media contacts which includes local
newspapers and social media. As mentioned above Sergeant Garcia is currently a PIO and supervises the PIO
team. We also have experience with using standardized language for press releases and obtaining permission
from grant program PIO's prior to releasing information to the various media outlets.
The Lodi Police Department, like so many other departments in the state, has seen a reduction in staffing levels
and a reduction in special operations due to budget constraints. Funding from the ABC Grant Assistance
Program will allow the Lodi Police Department to proactively educate the public about the dangers of under -age
drinking. This funding will allow us to proactively look for violations, make arrests, and prosecute those who
choose to violate the laws related to the sale and consumption of alcohol. We look forward to continuing our
partnership with the Department of Alcoholic Beverage Control and continue to build on the knowledge we
learned regarding conducting operations and managing the grant. In 2017 the Lodi Police Department received
an award from the Department of Alcoholic Beverage Control in recognition of our significant achievement
under the ABC Grant Assistance Program (2016-2017), which was a testament to the hard work the members of
our department put into the grant and achieving our grant goals. The ABC operations and increased presence
have been well-received by our citizens, our business owners and many of the licensees as well. Let's keep the
"Zinfandel Capital of the World" both "Livable" and "Loveable."
BUDGET DETAIL
Exhibit
BUDGET CATEGORY AND LINE -ITEM DETAIL
COST
(Round budget amounts
to nearest dollar)
A. Personnel Services (Straight Time Salaries, Overtime, and Benefits)
A.1 No Straight Time expenses are expected for this grant
A.2 Overtime (Ofc. O/T Salary is 69.00/hour, Sgt. O/T Salary is 77.00/hour)
1. 2x Task Force Operations targeting ABC Licensees
$2,580.00
2 Officers per Operation, 6 hours per operation
1 Sergeant per Operation, 6 hours per operation
2. 4x Minor Decoy Operations
$5,160.00
2 Officers per Operation, 6 hours per operation
1 Sergeant per Operation, 6 hours per operation
3. 4x Shoulder Tap Operations
$5,160.00
2 Officers per Operation, 6 hours per operation
1 Sergeant per Operation, 6 hours per operation
4. 2x Cops in Shops Operations
$2,580.00
2 Officers per Operation, 6 hours per operation
1 Sergeant per Operation, 6 hours per operation
5. 2x IMPACT Compliance Check Operations
$2,580.00
(Estimate contacting at least 10 licensees)
2 Officers per Operation, 6 hours per operation
1 Sergeant per Operation, 6 hours per operation
6. 2x LEAD classes
$770.00
1 Officer or Sergeant, 5 hours per class
7. 40x Officer Assigned to Special Enforcement
$16,560.00
1 Officer, 6 hours per operation
8. 2x Trap Door Operations
2 Officers per Operation, 4 hours per operation
$1,720.00
1 Sergeant per Operation, 4 hours per operation
A.3 Benefits (estimated at 1.5% of Salary x $37,110.00)
1. Benefits for all O/T Salary
$557.00
TOTAL PERSONNEL SERVICES
$37,667.00
B. Operating Expenses (maximum $2,500) ................_._. —.._. —.__. _ ._......_......._.._.........—__.._.
Bi. Decoy Operation and Shoulder Tap Operations "buy money
$200.00
TOTAL OPERATING EXPENSES
$200.00
C. Equipment (maximum $2,500)
Cl. Callyo Law Enforcement Mobile based technology annual plan
$2,500.00
(Mobile phone listening/recording application)
*As of November of 2015 we were notified by our DA's office that they will
not, as a regular course of business, prosecute "Shoulder Tap" cases unless
those cases are at minimum audio recorded. In 2016 our department
purchased a wireless recording device that we have used on several occasions;
however at times it is difficult to monitor due to environmental and
safety factors. With the use of this mobile application (Callyo) our decoys
will be able to use cell phones and it will be less obvious to potential
suspects, making safer for our decoys and easier for our officers to monitor.
TOTAL EQUIPMENT
$2,500.00
D. Travel ExpensefRegistration Fees (maximum $2,500) ....... .................
D1. Registration for July GAP Conference, 2 attendees @ $325.00 each
$650.00
D2. Travel, per diem, and lodging for the July GAP Conference
$1850.00
TOTAL TRAVEL EXPENSE
$2,500
TOTAL BUDGET DETAIL COST, ALL CATEGORIES
$42,867.00
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 2018.
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 can 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 arid 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 PROV][BION 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 12/6/17
Exhi
Special Terms and Conditions
t D
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 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 2018, for the purposes of this program.
4. Contractor Certifications: By signing this agreement, Contractor certifies compliance with
the provisions of CCC 04/2017, Standard Contractor Certification Clauses. This document
may be viewed at http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx
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 12/6/17
RESOLUTION NO. 2018-127
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING
THE CITY MANAGER TO ACCEPT A GRANT FROM THE
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL;
AUTHORIZING EXECUTION OF THE GRANT AGREEMENT;
AND FURTHER APPROPRIATING FUNDS
WHEREAS, the Department of Alcoholic Beverage Control Grant Assistance Program is
designed to assist departments in educating licensees and the public about alcohol-related
laws, reduce the amount of alcohol sold to individuals under age 21 by Alcoholic Beverage
Control licensees, and reduce crime and quality -of -life issues related to the sale and
consumption of alcohol; and
WHEREAS, the Department of Alcoholic Beverage Control Grant Assistance Program
solicited grant applications in March 2018, and the Lodi Police Department received notification
of grant funding in the amount of $42,867 in May 2018; and
WHEREAS, staff recommends that the City Council authorize the execution of the Lodi
Police Department's grant award received from the Department of Alcoholic Beverage Control
Grant Assistance Program to carry -out enforcements throughout the community.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to accept the grant award of $42,867 on behalf of the City of Lodi
from the Department of Alcoholic Beverage Control; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the Lodi
Police Chief to execute the Department of Alcoholic Beverage Control grant agreement; and
BE IT FURTHER RESOLVED that funds in the amount of $42,867 be appropriated to
accounts 21900000.56401 (revenue) and 21999000.77020 (expense) for alcohol-related
enforcements and educational programs.
Dated: June 20, 2018
I hereby certify that Resolution No. 2018-127 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held June 20, 2018, by the following vote:
AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, and Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Chandler
ABSTAIN: COUNCIL MEMBERS — None
r JENNIFE'r FERRAIOLO
City Clerk
2018-127