HomeMy WebLinkAboutResolutions - No. 2019-137RESOLUTTON NO. 2019-137
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING
THE POLICE CHIEF TO ACCEPT A GRANT AND EXECUTE
CONTRACT ADMINISTERED BY THE DEPARTMENT OF
ALCOHOLIC BEVERAGE CONTROL; AND FURTHER
APPROPRIATING FUNDS
WHEREAS, the City of Lodi Police Department desires to undertake a certain project
designated as Agreement Number 18G-L423 to be funded in part from funds made available
through the Alcohol Policing Partnership Program (APP) administered by the Department of
Alcoholic Beverage Control (hereafter referred to as ABC).
NOW, THEREFORE, BE lT RESOLVED that the Lodi City Council does hereby
authorize the Police Chief to execute the attached contract, including any extensions or
amendments thereof and any subsequent contract with the State in relation thereto grant award
on behalf of the City of Lodi to the Department of Alcoholic Beverage Control; and
BE lT FURTHER RESOLVED 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; and
BE lT FURTHER RESOLVED that this award is not subject to local hiring freezes; and
BE lT FURTHER RESOLVED that funds in the amount of $41,601 be appropriated to
accounts 21 900000.56401 (revenue) and 21999000.77020 (expense).
Dated: July 17,2019
I hereby certify that Resolution No. 2019-137 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held July 17,2019, by the following vote:
AYES: COUNCIL MEMBERS - Johnson, Kuehne, Mounce, Nakanishi, and
Mayor Chandler
NOES:COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - None
F
2019-137
N
Clerk
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STATE OF CAL]FORNIA - DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT
STD 21 3 (Rev. 0!;/201 9)
1. This Agreement is entered into between the Contracting Ágency and the Contractor named below:
PURCHASING AUTHORITY NUMBER (lf Applicable)AGREEMENT NUMBER
19G-1421
CONTRACTING ÅGENCY NAME
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
CONTRACTOR NAME
City of Lodi through the Lodi Police Department
2. The term of :his Agreement is:
START DATE
)uly 1,2O19
THROUGH END DAÏE
June 30,2021
3.The maximum amount of this Agreement is:
541,601
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.
EXHIBITS
ExhibitA
Exhíbit B
Exhibit C *
Exhibit D
Items shown wth on asterisk are hereby incorporated by of thls agrcement øs ottached hereto.
These documerts con be viewed at b-tlt¿t;llç.yww.dttE re.q,au4låtÊ9qutçç,j.
IN WITN ESS WHEREOF, THIS AGREEMENT HAS BEEN EXEC:.ITED BYTHEPARTIES HERFTA.â9to Form:
CONTRACTOR
CONTRACrOR MAME (if other than an indlvidual, state whether a c:rporation, partnershlp, etc')
City of Lodi through the Lodi Police Department
CONTRACTOR EUSINESS ADDRESS
2'15 W Elm Street
TITLE
Chief
CONTRACTOR /TUTHORIZED SIGNATURE DATE SIGNED
OF CAI¡FORNIA
PAGES
4
3
04/2017
I
z,JP
95240
PRINTED NAMËOF PERSON SIGNING
Tod Patterscn
TITLE
Scope of Work
Budget Detail and Payment Provisiofls
General Terms and Conditlons GTC o4l1017
Special Terms and condítions
CITY
Lodi
lsnrp
l.o
CONTRACTING AGENCY NAMË
Department of Alcoholic Beverage Control
CONTRACTING AGENCY ADÞRESs
3927 Lennane Drive, Suite 100
PRINTED NAME OF PERSON SIGNING
Pattye Nelscn
CONTRACTING AGENCY AUTHORIZED SIGNATURE
zlP
95834
TITLE
Chiel Business Management Branch
I srar¡
l.o
CITY
Sacramento
h--- 4 -fr
CALIFORNIA DEPARTMENÍ OF APPROVAL
DATE SIGNED
Applicable)
Exhibit A
SCOPE OF WORK
1. Summary
The City of Lodi police Departrrrent is a mruricipal polioe department servirrg a populatiorr of about 65,844
residents witlin u geogr*phical area of apprcxinìably 13.88 iquor. miles. Lodi is a modern city r'vith a vibrzurt
downtown* but remaiñ uãturiun-uus*¿ witl, sïong ti*r to the wine grape industry. In acidition to being kttown
as the ,,Zinfàndel Capitalîf the 'rüVorld",l",li trauä*periencecl t***nt giowth inth.' craft beer industry' T'odi is
t u*i to n nu'iber of ,pe"iat eoents related tr: boûr wine and beer. These events include the annual ZinFest'
annual Spring Wine Show, bi-annual Lodi W:ne Stroll, annual Lodi Beer Fest, and annual Lodi Craft Beer
Festival. These events, in actclition to rnar$, o;her smalier events, involve ABC licensees and impact police
services
,Ihe Lodi police Department orüîently omplo.rs 66 sworn officels and I l4 total personnel. As of February
igig, tr" r,odi city iouncil votsd to-inc;ase the sworn offieer staffing allotment fronr 71 officers to 77
offrcers, l1owever, it is not expected that,¿e will reach our allotment in actuality until late 2Û19 or'early 2020'
The s.u'por:ring documentation cf our.curlert staffingallo!tl_:"l is attached to this'RFP as City of Lodi Council
cornmunisation Agenda ltem H-04, dated Februoryút"t 2Ol9.-This informatioD can also be faunil at
htrps:l vww.lodi.Êov/AgenclaCenterlviewlrilelAg;nde/ 0206?019-391. By cornpaïison, the l.odi Polise
department had 7g ,*iã oni"or "n¿
uuoot l:oãtut persontrel in 2006, when the city had a population
-of
4,000 fewer residents. The police department is headed by the Chief of Police, followedby 2 Captains, 5
Lieutenants, 9 Sergeantr, .rd "orr"rrûy,
49 line-level swom personnel. Historically, the Lodi Police
Department has staffed a variety of units and specialized assignments. But with the economic downturn that
began ' 2007,vacancies or"rrrring through attrition were "frózen", resulting in understaffed units and the
eliminalion of some usign*r"t, u'ítog.ûrä. while the Lodi Police Department has been actively recruiting to
fill vacancie, in ,rr"nt yã*r, *, ,.*ãin well below 2006 staffing levels, and certain services have never been
revitalized. Among those discontinued positions are 2 flrll time bicycle officer positions that were previously
responsiule for Loã'i,s downtown *"u. this'ù/as a devastating loss as it relates to the police department's
relåtior_ship with retailers, including a number of ABC licensees, in the downtown area. our downtown
includes a number ortutí clubs, bieweries, wine tasting rooms, restaurants, ancl 2 liquor stores. This area is
also utilized for a number-of spe"ial events, such as a seasonal weekly Fatmer's Market and other events that
frequer-tly involve ABC special eventpermits. There are currently a total of 17.4 active ABc licenses within
Lodi', city limits, which giu", ,r. on" o-f thr highest number of licenses per capita out of the cities in San
Joaquin County. These ltrnr", consist of z3 ıff-sale licensed locations and 101 on-sale licensed locations'
The Lcdi police Department is seeking fu:rds in the arnount of $41 ,60 I from the Department of Alcoholic
Beverage Control through t¡e Alcohol-Polic:ng Partnership Program, '['hese funds will be uti'lizecl to edur:ste
AISC licensees and *t* ñ"Uii. about alcoh¡l related laws, lielp reduce the amount of alcohol both sold and
furnished to minors, ,"du". criminal activity with a nexus to srlcohol consumption, and addÏess quality of life
issues related to the sale and consumption of alcohol. The Lodi Police Department has a staff of experienced
oin**r" and supewisors who understand thar irresponsible alcohol consumption is a catalyst for crimina-l
activity. We also understancl that inesponsible alóohol c,onsumption can be.minimir-ed by the actions of
resporxible ABC licensees. we have superrisors and officers who are familiar with the requirernents for
m*"ginà and imple¡re¡ting grants? inclucing the ABC GAP grant. v/e have experience partner:ing with ather
ug*nj**lprivate Lusine*r*Joi.l or-ganiza:ionls, and other depaltnreuts in the City to achieve these goals. we are
,JuAy to us* u *orr1bination of enforcemenr erperations nncl.cclucatio¡ral progfallìs to achieve our objective; to
reduce crinre and quutity of life issues relatecl to inespotlsible consumption of alcohol'
Exhibit A
SCOPE OF WORK
2. Problem Statement
The Lodi police Department has an operational philosophy and utilizes strategies that marry education with
snforcement to help rrdr¡ce alcohol related crir,ã, aclelress quality of life i"ssues associatecl with alcohol
consunrption, &nd ieeluce alcohol r.elated traTlic collisisns along with the injurieo and dcaths qausecl by those
oollisions. W'e havc, in the past, been awa¡ced granxs by the Offîce of Traffic Safety to focus enforcement
*ffor.t* o¡ impaired áriving and other dr:iving cc,nduct that causes iqiury and death. In20ï4, the Lodi Police
Depaún:e¡t partlered witñ the Loeli Unified School District to bring the "Impact Teen Drivers" educational
prug¡o* to tscal high school students, For over the last decade the Lodi Police Department has also partnered
ïiñ Ur" California Flighway patrol to bring the "Every 15 Minutes" program to local high schools' We were
awarded an ABC GAË grant for the I 5- 16 and 16-17 fiscal years. This allowed us to continue to build on the
partners:i¡r we establisúd with ABC. s/e did not receive an ABC GAP grant f-or lhe l7-18 fiscal year;
horvever we wel€ awarcled an ABC-OTS gtant to continue our efforts to keep aleohol away fi'orn oul youth and
to educate licensees regarding responsibleâc,rhol sales arrd serviee. The Lodi Police Depaltment was awarded
the ABC App grant foithe tg-19 fiscal yea--, and we are on pace to exceed the goals and objectives of that
project.
Despite all,of the aforeinentioned efforts there still clearly exists a need for the Lodi Police Department to
*ontirru. to combat alcohol related srjnte th:o':gh a multi-pronged approaoh with the assistance of the
I)epar{ment of Alcoholic Beverage Contrnl. The O.T.S Traffic Salety Rating for 2016 (the ntost tecent year for
whio¡ data is,available) shows thãt the Citl' oi Lodi has on overall, or composite, ranking of 5 1 st out of 104
cities similar in size. Thr 1o*"r the ranking the worse the score; in this case the City of Lodi is in the bottom
half of cities similar in size. In20l6the Ci:y cf Lodi was also ranked 36th out of 104 cities similar in size for
the number of collisions in which alcohol v'as -nvolved.
'fhe Cill 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
poputät;on and liquor licenses. 'Ihe City o- Luii cunontly has one active retail liquor license for every 378
r*ri¿*otr. In addiiion in 2û 18, rhere were 187 ÐUI a1îests, 62 DUI collisions, 344 public intoxication arrests,
130 opur alcoholic container citations, l8 allests lbr t'urnishing alcohol t{r a minot', arrd approximately 6l other
r*pottr -isted as líquor law violations, Orr poor traftìc safety ranhings (51st out _of 101 eities siurilar in size),
our high numbe¡ oi activc liquor licernes per copita, and the high nunrber of alcohol related incidents/affssts
makes-the City of Lodi an ideal place to implament the Minor Decoy, Shoulder-fap, Tr:ap Door anel Cops in
Shops cperatiãns. We also haveìhe facilities and staff capable of educating the licensees and public by hosting
LEAD classes.
City # Active Retail Liquor Licenses* Population+*
Lodi 174 65,884
Stocktüi 49A 310,496
Mantecl 133 79,268
Tracy 155 90,889
Ripon 42 15,677
Licenses per Capita
u 378
t1634
11s96
1/s86
11373
*Licens.e information as of June 2018 **Fopulation information estimates as of 2017 national census
Exhibit A
SCOPE OF'WORK
The Lodi Police Department's efforts will b: Ì'ocused on licensees within the City of Lodi. V/e will focus our
efforts cn problem businesses, problem areas and problem crimes related to the consumption of alcohol' V/e
will give ertra attention to our downtown area which has a high density of ABC licensed businesses. 'We
frequently :eceive complaints from downto-¡¿n businesses regarding vandalism, public intoxication and "open
container" violations. Geographically, our iowntown 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 frorn
01/01/18 ttrough l2l3ll18 there were t1,624 calls for service inthe downtown area-which makes up about
21% of ùl ¡alls for service in the City. The ABC Grant Assistance Program will allow the police departrnent to
better tr¡ck and report these crimes, as well as provide education and extra enforcement to reduce these crimes.
3. Project Description
The Grant -A,ssistance Program funds will b¿ used by the Lodi Police Department to achieve the following goals
during this grant cycle.
1. IdenLty and target problematic ABC licensed establishments, and to continue our current efïorts, working
with AEü. to take legal and administrative action against problem licensees.
2,Partn=r ivith other agencies, including ABC, other departments in the City, including Code Enforcement and
the Spec-al Events coordinator, and private or-ganizations, including the Chamber of Commerce, to develop and
implemenf a multi-pronged approach to adcressing crime and quality of life issues associated with the
consum;tion of alcohol.
3. Continræ our ongoing education within the department to make certain our offtcers are aware of standard
operatir:g,{B C enforcement procedures and authorities.
4. Prepere ¿ written evaluation of the existing system of transmitting arrest reports involving licensees to the
ABC (a; required by Section 24202 Businers d¿ Professions Code) and implement a new/improved system of
transmittir:g arrest report s by I2l3 I I 19.
5. Increase communication and involvement with local community groups and citizen action committees by
meeting with them at least 2 times.
6. Conduo:2 task force operations targeting ABC licensed premises.
7. Conduct at least 4 minor decoy operatiors
8. Conduci at least 4 "Shoulder Tap" operations.
9. Conduc at least 2 "Cops in Shops" operations.
10. Conú¡ct at least 2"Trap Door" operatirns
11. Prov:de 12 (monthly) roll call trainings on alcohol-related issues for all sworn personnel.
Exhibit A
SCOPE OF WORK
12. Coordinate and conduct 3 IMPACT Operations.
1 3. Schedute, coordinate, host, and teach (as needed) 2 LF AD classes'
14. Devdc._: a policy and procedure to inform citizens in our community about this project, and give periodic
updates on the status and accomplishments rf 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 aregular basis (on Friday, or Saturday, or
during sçre;,ial events) in the downtown are:, and other areas where these events are hosted. Utilize 40 special
enforcement operations.
4. Project Personnel
The implenentation of this grant will be assigr:ed to the Patrol Division, commanded by Captain Siena Brucia,
and will be augmented by personnel from the Investigations Division, commanded by Captain David Griffin.
This grant will be managed, implemented a*rd supervised by Sergeant Josh Redding, who cunently supervises
Patrol, Carine, Mobile Field Force, Field T:a:r:ing Program, and the 18-19 ABC APP grant, He is assigned to
the Patr,i Division as a freld supervisor. Mecia releases for this project will be handled by Sergeant Rick
Garcia nho currently supervises our Genernl Investigations Unit and is a Public Information Officer. He has l0
years of -arv enforcement experience and h:s previously supervised the ABC Grant for three fiscal years (15-16,
16-17 ABC GAP Grants and the 17-18 ABC-C,TS Grant).
These operntions will be staffed by sworn offlcers on an overtime basis. These officers may come from either
the Patr¡I Division, or Investigations Division âs necessary to adequately and effectively staff the operations.
Crime Analyst, Lt. Mike Kermgard (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 grart and grant funded operations. \\'e Lave a police Cadet Program which allows citizens from ages 16-
24 to bs.orne working, volunteer members cf the police department. We have in the past used some of these
Cadets,undertheageof2l,topurchaseorlttsrrpttopurchasealcoholfromlicenseesintheCityofLodi. We
intend to use these Cadets and Cadets from our high school ROP program, to conduct "minor decoy" and
"shouldx tap" operations. We have severa- cflicers with teaching experience and offtcers who are POST
certifiec Academy Instructors who can faci-itate LEAD (Licensee Education on Alcohol and Drugs) classes
hosted b;r:he Lodi Police Department in our own community multi-use room. In addition to the grant funded
operaticns, the Lodi Police Depafrnent wil- staff community outreach events, like "What's My BAC" booths
and othe: community outreach events to further educate the public regarding alcohol related issues.
The Lod- Police Department, like so many other departments in the state, has seen a reduction in stafhng levels
and a ræuction in special operations due ta b:dget conshaints. Funding from the ABC Grant Assistance
Program will allow the Lodi Police Departnant to proactively educate the public about the dangers of under-age
drinking. .lhis ftmding will allow us to prc.actively look for violations, make arrests, and prosecute those who
choose ro'¡iolate the laws related to the sala and consumption of alcohol. Let's keep the "Zinfandel Capital of
the World" both "Livable" and "Loveable.''
BUDGET DETAIL Exhibit B
BUDGET CATEGORY AND LINE.ITEM DETAIL COST
(Round budget amounts
to nearest dollar)A. Personnel Services Time Salaries,and
4.1 Straight Time (No shaight time is anticipated for this project)
A.? Overtime (Ofc. O/T salary @73'.84Aour, Sg1. OIT saïaty @
86.69rrour)
. 2x T¿sk Force Operations targeting ABC -icensees
2 Officers per Operation, 6 hours per opera:ion
1 Sergeant per Operation,6 hours per operation
4x lçfir:or Decoy Operations
2 Offiærs per Operation, 6 hours per operation
I Sergeant per Operation, 6 hours per ope:ation
4x Shoulder Tap Operations
2 Offrcers per Operation, 6 hours per openafion
1 Sergeant per Operation, 6 hours per ope:ation
. 2x Cops in Shops Operations
2 OfFcers per Operation, 6 hours per operation
1 Sergeant per Operation, 6 hours per operation
. 2x IMPACT Compliance Check Operatio:rs
(Esc-m:te contacting at least 10 licensees)
2 ûIficers per Operation, 6 hours per o¡eration
1 Sugeant per Operation, 6 hours per operation
2x L.EÉ.D classes
1 Sugeant, 5 hours per class
, 40x Olïcer Assigned to Special Enforcament
1 OfTcer, 6 hours per operation
8. 2x Trap Door Operations
2 Offic:rs per Operation, 4 hours per operation
1 Sageant per Operation, 4 hours per cpcation
4.3 Benefits (Estimatedatl.5Yo of Salary x $40,149)
TOTAL PERSONNEL SERVICES
$o
g2,g12
$5,624
$5,624
$2,812
$2,812
$868
917,722
$1,875
$602
$40,751
_Br _û_ Ipf$-iltg_4¡p_qnlçl (*1¡jry*$2jqq . _ __-:.**_:.i;-..
Bl. Mir:.or Decoy and Shoulder Tap Operalions "buy rnoney"
TOTAL OPERATING EXPENSES
$2oo
$200
c. Eq.qrp:q-rrl (p¡¡lpu m $2,500)
(Attech receipts for all equipment purchases to monthty billing invoice)
No eguigment purchases are anticipated :or this project.
TOTAL EQUIPMENT $0
"P, r-rtoçl_45pe1!-qß.9gþlri1Jlql {Spl (Uq¡_'Jngp $"!r50QL _ -
Dl. kgistration for July APP Conference, 2 attendees @ $325.00 each
TOTAL TRAVEL EXPENSE
$6s0
$6s0
TÛTAL BUDGET DETAIL COST, ALL CATEGORIES $41,601
PAî"fVIENT PROVISION
Page 1 of2
Exhibit B
1. INVOICING AND PAYMENT: Fa'¿ments of approved reimbursable costs þer Budget Detail
acacred) shall be in arrears and mrd¿ via the State Controller's Office. Invoices shall be
subrnitted in duplicate on a monthlv basis in a format specified by the State. Failure to submit
irrvoices and reports in the requirec format shall relieve the State from obligation of payment.
P:¡znents will be in arrears, within 3D days of Department acceptance of Contractor
performance, putsuant to this agree.rr-ent or receipt of an undisputed invoice, whichever occurs
las:. Nothing contained herein sha-l prqhibit advance payments as authorized by ltem 2100-
llll-3036, Budget Act, Statutes of 2019.
2. Revisions to the "Scope of Work" and the "Budget Detail" may be requested by a change
re'tru¿st letter submitted by the Cor-tractor. If approved by the State, the reviscd Grant
Assistance Scope of Work and/or Budget Detail supersede and replace the previouS documents
beari:rg those names. No revision can exceed allotted amount as shown on Budget Detail. The
tctal amount of the contract must remain unchanged.
3. Corbactor agrees to refund to the State any amounts claimed for reimbursement and paid to
Co:rhactor which are later disallorred by the State after audit or inspection of records
maimained by the Contractor.
4. Onty the costs displayed in the "Budget Detail" are authorized for reimbursement by the State to.
C:rntractor under this agreement. Any other costs incurred by Contractor in the performance of
this agreement are the sole responsib:lþ of Contractor.
5. Ti:le shall be reserved to the State for any State-furnished or State-financed property authorized
by .he State which is not fully cons-rr:red in the performance of this agreement. Contractor is
responsible for the care, maintenanùe, repair, and protection of any such property. Inventory
rec,rrds shall be rnaintained by Cor:tractor and submi*ed to the State upon request. All such
properfy shall be roturned to the State upôn the expiration of this contract unless the State
other,vise directs.
6. If-.ravel is a reimbursable item, the reirnbursement for necessary traveling expenses and per
diemshall be al rates set in accordance with Department of Personnel Administration rates set
for clmparable classes of State em:loyees. No travel outside of the State of California shall be
authcrized. No travel shall be authorized outside of the legal jurisdiction of Contractor without
prior authorization by the State.
PA}MENT PROVISION
?ageZ af?
Exhibit B
7. Pior authorization by the State in ivriting is required before Contractor will be reimbursed for
ar¡'p'urchase order or subcontract ex¡eeding $2,500 for any articles, supplies, equipment, or
setvi'les to be purchased by Contractr:r and claimed for reimbursement. Contractor must justify
the necessity for the purchase and *re reasonableness of the price or cost by submitting three
cønpetitive quotations or justiffing the absence of bidding.
8. Prior approval by the State in writing is required for the location, costs, dates, agenda,
ins:r:ctors, instructional materials, and attendees at arty reimbursable training seminar,
worlshop or conference, and over any reimbursable publicity or educational materials to be
made available for distributicn. Cc.nr.ractor is required to acknowledge the support of the State
whanever 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
ayc'id program and fiscal delays that'¿'ould occur if the contracts were executed after that
deÍarnination was made.
10.BIIf,'GET CONTINGENCY CLAIJSE - It is mutualiy agreed that if the Budget Act of the
currert 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
evant the State shall have no liabiþ'to pay any funds whatsoever to Contractor or to fumish
any other considerations under this Agreement and Contractor shall not be obligated to perform
any provlsions of this Agreernent.
If f.rnding for any fiscal year is reducel 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
oc,:uring to the State, or offer an agrÐement amendment to Contractor to reflect the reduced
anount.
Upcate: lllT/19
Exhibit D
Specinl Terms and Conditions
Di'sputes: 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 thereolt¡r the Contractor. The decision of the Departmerit shall be
firal and conclusive unless, within 30 days from the date of receipt of such copy, the
Ccntractor mails or othenvise fumishes to the State a written appeal addressed to the
Director, Department of Alcohclic Beverage Control. The decision of the Director of
Alcoholic Beverage Control or his duly authorized representative for the determination of
such appeals shall be fina-"and corclusive unless determined by a court of competent
jrnisdiction to have been fraudulenl, capricious, arbihary, or so grossly erroneous as
necessarily to imply bad faith, c not supported by substantial evidence. In connection with
ary appeal proceeding under this clause, the contractor shall be afforded an opportunity to
bo heard and to offer evid¿nce ir support of its appeal. Pending final decision of a dispute
hereundero Contractor shall pro'reed diligently with the performance of the contract and in
a*cordance with the decision of the State.
Teunination \Mithout Caulq: Either paf'y may terminate this agreement at any time for any
reason upon ten (10) days written notice. No penaþ shall accrue to either party because of
c':fntract termination
Cùrrtract Vâlidity: This contrac: is valid and enforceable only if adequate funds are
appropriated in Item 210G101-i036, Budget Act of 2019, for the purposes of this program.
C,rnttaotol Certific¿tïons: By sþning this agreement, Contractor certifies compliance with
the provisions of CCC A4;20I7. Standard Contractor Certification Clauses. This document
may be viewed at httpsl//vr'ww.dç,ce.sov/Q!y.ResQUrces/_f€sdontent/Office-of-Legal-Services-
Reso urces-List-Folder/Standa rd-Con:a :t- La nquase .
Ifthe State determines that the grant project is not achieving its goals and objectives on
schedule, funding may be reduc¿d by the State to reflect this lower level of project activity.
Updated 2!20/19
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