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HomeMy WebLinkAboutResolution No. 16-7644-Authorizing PD to enter into a Grant Agrmt w-ABCRESOLUTION NO. 16-7644 RESOLUTION OF • OF OF DOWNEY AUTHORIZING THE • DEPARTMENT TO ENTER INTO A GRANT AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL FOR ACCEPTANCE AND EXPENDITURE OF GRANT FUNDS WHEREAS, the City of Downey Police Department desires to undertake a project to impact alcohol related offenses in the City of Downey, 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, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE • • SECTION 1. The Chief of Police of the City of Downey is authorized, on its behalf, to submit the attached proposal to ABC and is authorized to execute on behalf of the Downey City Council the attached contract, including any extensions or amendments thereof and any subsequent contract with the State in relation thereto. SECTION 2. 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. SECTION 3.- BE IT FURTHER RESOLVED that the grant funds received hereunder shall not be used to supplant expenditures controlled by this body. SECTION 4. IT IS ALSO AGREED that this award is not subject to local hiring freezes. SECTION 5. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. APPROVED AND ADOPTED this 14th day of June, 2016. ALE Mayor RESOLUTION • 16-7644 PAGE 2 I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the 14th day of June, 2016 by the following vote, to wit: AYES: Council Members: Ashton, Brossmer, Vasquez, Mayor Saab NOES: Council Member: None. ABSENT: Council Member: Marquez ABSTAIN: Council Member: None. ADRIA M. JI—MENEZ, MC City Clerk STATE OF CALIFORNIA STANDARD AGREEMENT STD 213 (Rev 06/03) AGREEMENT NUMBER 1-L12 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 Downey through the Downey Police Department 2. The term of this July 1, 2016 through June 30, 2017 Agreement is: 3. The maximum amount $ 50,520 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: RExhibit - 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 r), are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at d s,ca,I Iov ols J dsourcestandard ontractL n uage.aspx IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. ^-•-�--'. is CONTRACTOR CONTRACTOR'S NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Downey through 014ownjq Police Department BY (4tdlt c hat e DAT SIGNED(Do nor type) Z PRINTED NAME AND Ift OF PERSON SIGNING Carl D. Charles, "ie ` ADDRESS 10911 Brookshire Avenue Dowtrey, CA 90241 STATE OF CALIFORNIA AGENCY NAME Department of Alcoholic Beverage Control BY (stdttore eature DATE SIGNEDf0e,tart yjw) PRINTED NAME AND TITLE OF PERSON SIGNING Randall Deems, Assistant Director, Administration ADDRESS 3927 Lennane Drive, Suite 100, Sacramento CA 95834 ,ta Department of Genera Services Use Only ® Exempt per: SCM 4.04.(A)(3) 101 1) Summary A) Agency Description The mission of the Downey Police Department is to preserve the peace and protect and serve all who live, or work in, as well as those who travel through our city, and in so doing, to make a meaningful contribution to the quality of life in our community. Our department motto, "Our Community, Our Commitment," characterizes the positon we hold and the citizens we serve. Chief Carl D. Charles leads the Downey Police Department. The Downey Police Department is a municipal law enforcement agency responsible for delivering a variety of professional law enforcement services to the community. Downey Police Officers patrol a highly diverse residential population and industrial area covering approximately 12.5 square miles. Department personnel includes 108 sworn police officers and 59 civilian employees. Thedepartment is comprised of three divisions: Administration, Field Operations, and the Detective Bureau, The Administrative Division consists of the Records Bureau, Professional Standards, Special Enforceme Team (SET), Departmental Training, Systems Management (IT) and Neighborhood Watch. There are a total of 7 swom, and 21 non -sworn personnel allocated to the Administrative Division. I The Field Operations Division consists of Uniformed Patrol, Traffic, Communications (Dispatch), Police Assistants and Police Aides. There are a total of 74 sworn and 30 non -sworn personnel allocated to Field Operations. The Detective Bureau is divided into three sections: General Investigations, Special Investigations and t Forensics Um*t. General Investigations evaluates all reported crimes and conducts required follow-up investigations. Special Investigations, includes the Vice, Narcotics, and Gang Unit. The Forensics Unit consists of Forensic Specialists, whose primary responsibilities include the collection, preservation, I interpretation, and eventual court testimony regarding physical evidence. There are.a total of 27 swom and Downey is an active, unique city with a population of 113,242 people that combines the functionality and self-reliance of a large city, while still retaining its family oriented, small town atmosphere. The demographic breakdown of Downey is 68% Hispanic, 17% White, 8% Asian, 3% African-American, and 4% other. Situated 12 miles southeast of the Los Angeles Civic Center, Downey is only 5 miles from Orange County, and approximately 10 miles from the Pacific Coastline. Funding Requested The goal of this project is to reduce the overall number of criminal and public nuisance problems associated with ABC licensed establishments in the City of Downey and specifically the Downtown area. The recent revitalization of Downey's Downtown area and the subsequent increase in ABC licensed establishments over the past three years citywide, has posed significant challenges to the Downey Police Department related to the enforcement of alcohol related crimes. Grant funding in the amount of $50,520 is requested tit, M• �6� C) Goals and Objectives The Downey Police Department is committed to not only maintaining, but enhancing its current level of enforcement and community outreach regarding problems associated with alcohol sales and consumption. Officers of the Downey Police Department will work in partnership with ABC Agents to implement a mult faceted project. This project would include: The education of local ABC licensed establishments as well a sworn Downey Police Department personnel by conducting LEAD class trainings to ABC licensed establishments and briefing (roll call) trainings for police personnel, conducting enforcement operations, including Shoulder Tap and Minor Decoy to combat alcohol related crimes in the community and specifically the downtown area; to enforce ABC regulations both criminally and administratively by holdin - ABC licensed establishments as well as adults who furnish al cohol to minors accountable; and lastly, to �I measure the effectiveness of the program and its operations by utilizing the data collected to provide ABC with monthly status reports. DI Xumber of ABC Licen Total: 125 166 171 *Note 28% increase in ABC licensed estab ishments from 2013 to 2015 Imm 2) Problem Statement In 2010, the Downey City Council began a vision to revitalize our historic Downtown District, encouraging economic revitalization and creating a lively night-time, pedestrian -oriented downtown area. Because of this vision, Downey was rated in the top 25% of "100 Best Cities to Do Business in California," by California Business Magazine. This vision ultimately came to fruition in 2014, when we noted a 50% increase in the number of ABC licensed establishments in our downtown area alone. This now bustling and vibrant Downtown District encompasses approximately 0.2 square miles and contains 28 On -Sale ABC licensed establishments. While our downtown area was thriving, the recent recession caused an 11 % reduction in our sworn personnel staffing from 124 officers at its peak to 110 sworn. During the past year, we have lost an additional two officers leaving us with 108 sworn. Though considerable progress has been made to regulate our downtown area, there is still much work to be done. We continue to see increases in the amount of alcohol related calls for service, including assaults. Our arrests for public intoxication increased notably from 78 in 2009, to 122 arrests in 2015. When our restaurants and bars are closing for the evening and hundreds of people are exiting the businesses, officers routinely encounter intoxicated and belligerent patrons. It is suspected the surrounding establishments are contributing to Us by continuing to over serve alcohol. As stated above, one of the objectives of this project is to continue our proactive approach to enforcing alcohol related regulations both inside and outside of these ABC licensed establishments. This will ensure our downtown continues to thrive and ensure a safe experience for all those who patronize our downtown area. In 2015, the Downey Police Department was awarded a G.A.P. grant for 2015/2016. The Downey Police Department conducted Impact Inspections at local, ABC Off -sale and On -sale locations. On 8 separate occasions we issued warnings to the business owners regarding violations and used the interactions as an opportunity to, educate the owners and their employees. As part of our current GAP grant we conducted two LEAD trainings to further educate our local business owners and t I heir employees. We conducted a series of 4. Minor Decoy Operations from December, 2015 to February, 2016. As a result of the operations, 17.9% of the ABC licensed establishments sold alcohol to the minor decoys. One of the many goals of this 2016/2017 project will be to continue the proactive enforcement approach currently being utilized under the existing grant. In 2014, the city began breaking ground on "The Promenade at Downey." This development consists of I � I million square feet of retail commercial area and 300,000 square feet of office space. The 77 -acre site is nearing completion and will ultimately house an estimated 24 ABC licensed restaurants and alcohol establishments, 5 of which are already open for business. This location will undoubtedly need additional alcohol related education and enforcement to mitigate potential problems in the future and encourage I Lr Department hasa strong community based policing philosophy with an emphasis on alcohol related enforcement. In 2015, officers made 287 DUI arrests. Since 2010, 12 MADD awards have been presented to Downey Police Officers. In addition, 4 DUI checkpoints were coordinated in 2015, utilizing grant funds from the California State Office of Traffic Safety. 3) Project Description The following goals and objectives will be performed by the Downey Police Department during the 12 months of this project. 1. The Downey Police Department will send 1 supervisor and 1 SET investigator to the GAP conference offered by ABC in July, 2016. 2. The Downey Police Department will host 2 LEAD class trainings to educate the city's ABC licensed establishments regarding criminal and administrative ABC regulations. 1 The Special Enforcement Team will be responsible for conducting roll call trainings to educate all sworn personnel regarding ABC policies, administrative regulations, and criminal violations.- 4. iolations.4. The Downey Police Department will prepare 2 press releases, in cooperation with ABC, to announce the project and later report to the media significant accomplishments and activities. -5 The Downey Police Department will conduct 4 IMPACT Inspection Operations and visit ABC licensed establishments to ensure compliance with ABC regulations, both criminally and administratively. The Downey Police Department will conduct 4 Minor Decoy and 4 Shoulder Tap operations, along with 10 additional discretionary operations, such as: * Obviously Intoxicated Persons/Undercover Operations * Underage Drinking Roving Enforcement * Party Prevention and Dispersal Deployment * Downtown Downey/Promenade Bar Patrol Foot-beat/Alcohol Enforcement * Alcohol Enforcement at City of Downey sponsored events obtaining one -day ABC permits 7. The Downey Police Department will work diligently to expand upon its established relationship with the ABC District Office, ABC Agents, and the GAP Coordinator and continue to foster a positive and 4) Project Personnel The Special Enforcement Team (SET) of the Administrative Division consists of two (2) full-time sworn Police Investigators — Corporal John Daniel and Corporal Melissa Clemann, and one (1) full-time sworn Police Supervisor — Sergeant Vince Rosario. Corporal Daniel will oversee all GAP related operations, including; scheduling, training and record keeping. Sergeant Rosario will supervise all scheduled operations. Assisting SET will be several members of the Patrol Division. Night shift and day shift supervisors will monitor ABC bted activities during enforcement operations and assign Patrol officers as needed to assist with reporting and Iidence collection at licensed establishments. Patrol and SET will remain in continuous communication and aintain fluid dialogue regarding ABC related problems that may arise during the 2016/2017 GAP grant. BUDGET DETAIL Exhibit BUDGET CATEGORY AND LINE -ITEM DETAIL COST mm A m Personnel Services (Straight Time Salaries, Overtime, andBenefits) (Round budget amounts to nearest dollar) Al Straight Time A.2 Overtime SET Sergeant $96.56/hr overtime rate X 140 hours (12 hrs month) = $13,518 $45,220 SET Corporal $80.09/hr overtime rate X 140 hours (12 hrs month) = $11,212 Patrol Officer $73.18/hr overtime rate X 140 hours (12 hrs month) = $10,245 Patrol" Officer $73.18/hr overtime rate X 140 hours (12 hrs month) = $10,245 A.3 Benefits TOTAL PERSONNEL SERVICES $45,220 B. erati x eases (maximu_ $2,500) Money for operations including Minor Decoy, Shoulder Tap, Over -Intoxicated $800 Persons "Buy Money" TOTAL OPERATING EXPENSES $800 C. Equipment (maximum $2,500) (Attach receipts for all equipment purchases to monthly billing invoice) Communications Device (Body Wire for Minor Decoy and Shoulder Tap Ops.) $2,000 TOTAL' EQUIPMENT $2,000 D. Travel Expense/Registration Fees (maximum $2,500) (Registration fee for July 2016 GAP Conference attendee is $275 each) Registration for two attendees for July, 2016 GAP Conference at $275 each $550 Travel per diem and lodging for July, 2016 GAP Conference $1,950 TOTAL TRAVEL ES $2,500 TOTAL BUDGET DETAIL COST, ALL CATEGORIES $50,520 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 perf8rinance, pursuant to this agreement or receipt of ,in undisputed invoice, whichever occurs last. Nothing contained herein shall prohibit advance payments as authorized by Item 2100- 101-3036, Budget Act, Statutes of 2016. 2. Re -visions 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 86initted to the State upon fequpst. 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 them shall be at rates set in accordance with Department of PasOnfiel Adillmistration rates set for, comparab . le classes of State employees. No travel owside of the State of California shall be authorized. No travel shall be authorized outside of the legal jurisdiction of Contractor wit out prior authorization by the State. PAYMENT PR*N11-S17V-N1- 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 $2,500 for any articles, supplies, equipment, or services to be purchased by Contractor and claimed for reimbursement. Contractor must justify the necessity for the purchase and the reasonableness of the price or cost by submitting three competitive quotations or justifying the absence of bidding. 8. Prior approval by the State in writing is required for the location, costs, dates, agenda, instructors, instructional materials, and attendees at any reimbursable training seminar, workshop or conference 'and over any reimbursable publicity or educational materials to be made available for distribution. Contractor is required to acknowledge the support of the State whenever publicizing the work under the contract in any media. 9. it is understood between the parties that this contract may have been written before ascertaining the availability of appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the contracts were executed after that determination was made. 10. BUDGET CONTINGENCY CLAUSE - It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount. r Special Terms and Conditiona Pj$�: Any dispute concerning a question of fact arising under this contract wh ich is not disposed • by agreement shall be decided by i Department of •' • lic 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. T&DtihAtion Without Cause: Either party may., agreement any time for contractreason upon ten (10) days written notice. No penalty shall accrue to either party because of • 3, This contract is valid and enforceable only if adequate funds are appropriated in Item 2100-101-3036, Budget Act of 2016, for the purposes of this program. 4. Contractor Certifications, By signing this agreement, Contractor certifies compliance wit the provisions of . • . • Contractor Certification• oI be viewed 5.. If the State determines that the grant project is not achieving its goals and objectives on schedule, funding maybe reduced by the State to reflect this lower level of project activity. Updated 2/19116 1 Pitq10: 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 • • or designee,• shall reducedecision to writing and mail or otherwise furnish a copy•• • the Contractor.The decision of Department shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Contractor . or otherwise furnishes to the State a written .rr-.; addressed to the Director, Department of Alcoholic Beverage Control. The decision of Director of Alcoholic Beverage Control or his duly authorized representative for the determination of such appeals shall be • conclusive unless determined by • of • r jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply r'.r faith,or not supported by r •: .evidence. In connection any appeal proceeding unt • • be afforded 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. 1�rrniriatjbii Without C��. Either party may terminateagreement at any time for reasonp• 1 days written notice.No penalty t either partybecause • contract• 4. Contractor Certifications: Bysigning this agreement, Contractor certifies compliance with the provisions of CCC 307, Standard Contractor Certification Clauses. This document may be viewed at htt. w v vw.d s. a. ov ols esources StandardContractLan a e.as 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 2/19/16