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HomeMy WebLinkAboutResolution No. 07-6995 - Grant Agmt. with CA Alcoholic Beverage Control for GFRESOLUTION NO. 07-6995 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE POLICE 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 continue efforts to prevent alcohol sales to minors through public education, law enforcement training and enforcement of liquor laws targeting sales to minors to be funded in part by a grant made available through the Alcohol Beverage Control Grant. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Chief of Police of the City of Downey is authorized on its behalf to sign and approve the grant agreement, attached hereto as Exhibit “A”. SECTION 2. 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 THIS26TH day of June, 2007 ( cS IINt / rayor ATTEST: '/MeMkAmMT©Bm@aFdlbR 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 26th day of June, 2007, by the following vote, to wit: AYES: NOTES: ABSENT ABSTAIN : 5 Council Members: Bayer, Cartozian, Gafin, Guerra, MayorTrejo 0 Council Member: None 0 Council Member: None 0 Council Member: None %&X£zd#.4y2£dd£#442 KATHLEEN L. MIDSTOKKE, City Clerk } AL-iREEhIEX': XL \lf+FR 076-LA 07 REGIS-FLA Fl LiN >-: 1_1 X 1 Bt: I< \. 1 1 1 : : : r I LIFt IIt-1 ' II :~ : -'. ! )- 1 ' . i.. ,'•\!.IF'tJll tII Jt <'1 \:\'I_),\ ItD .,\(;}<[E\]k:.\'T E}GlIBIT A r) ejla rTnrent of Alcoholic Beverage ConfI-ol I'Fc: FIa\11-:lanl arnE'unI S 829 900.00(II tills '\ t'rce't-ncnt rs : -' ’ rh,' ph:1 ics agree to cc>Imply \\'iT.h the Tcrnrs and conditions of the following exhibits which are by tIlis rclbren I Fall o]-lhe Agreement: !-,1, .',aIC'ri11J11 1 is cnlercJ into bctu'cen Lllc Stale ,,\Eenc\' and the Contractor named I I' \ F. ',I_}..-'JC \' S }.J,L\l£ '. .'\J' J R /t.C.' I Oh':i F-J/\I\'I E (;it) t,f I)ownc\- through the DowneY Police Department [[:::l7l:I:tiL?IS July 1, 2007, through June 30, 2008 bel a\\ \\,hich arc b\tIlis rclbrelrce IIIad F-.x]-,illil .\ - Scope of\\’ork//PI'oject Narrative [xhibit F:3 - 13uduct Estimate l-.xhi}Ijt C: - Genera] -fer iris and Conditions Exhibit D - l’:l\ rlc11t Provisions l{xjlibjl IJ - Spcclal 'Ferlns and Conditions 4 pages 1 page GTC 307* 2 pages 1 page , i ;l c,i ' Is: =risk t- 1 =rt hereby iltcorpvr,I(ed by re_ferer,ct and ntudc part of this r / 7 rd,i/s t , il-: he VI,'\\'ctI at uu’v'.docum ents dES ro yllv,“olsiG-FC-3L)I doc UgFC gIll CIti us tT ,iiI J. c.p , t’If l-Icrc to r \ \\ t 1 \ FbS \\ 11 F.I(LOI this Agreenlcnt llns been executed by the parties hereto. (" itv of Ilo\\'nev thrtJU ch the Downey Police Department CONTliAC'TOR }.:'.,.L' I L.JR b : \ /, r\ 1 [ i.1 vi+lt1 lt1,III an l:IJlvid1,al slate \\'}\el;lel- a ;at pol-a110n. partl\el'5hlp. et: } a(yz=_a%??__ _ _ __ __ _ _ \, _L:- }nJ_ i< i:.. 1 Er , :.i.',:/E ;,r\'I-J I' IKE or PERSON SIGNING '\ L ) fiRES S ])o\\'nc\’, CA 902+1 :* drI1l 11/, d *. 11,.11:i1 ure) I DATE SIGNED rOLl llol type.)7 Rot (;am pos, Chief of Police 1 0911 13rookshire Avenue \ California Dep, 1.lment of General ––. Services Use Only STATE OF CALIFORNIA i I ! IE D,..,it' p„ I £ GC--14616 E)GIIBIT A STATE OF CALIFORNIA STANDARD AGREEMENT STD 213 ( Rev 06/03 ) AGREEMENT NUMBER 07G-LA07 REGISTRATION NUMBER [ This Agre-el+;–1{t–i£-ente-reci ihheiie–id–e -giiteM&;l;Li–;FeliimRria;noT STATE AGENCY'S NAME Department of Alcoholic Beverage Control CONTRACTOR'S NAME Agreement is: i:biOG?LInt $ $29 900.ooof this Agreement is : The parties agree to comply with the terms and conditions of the following exhibits which are by this reference mac4 a part of the Agreement: I CitY of Downey through the Downey Police Department 2' TE_T===tIPis July 1, 2007, through June 30, 2008 7- Exhibit A - Scope of Work/Project Narrative Exhibit B - Budget Estimate Exhibit C - General Terms and Conditions Exhibit D - Payment Provisions Exhibit E - Special Terms and Conditions 4 pages 1 page GTC 307+ 2 pages 1 page Items sho\\,n \viIII an Asterisk (*) are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be vie\\,ed at wu,w.documents,dRS.ca.gov/ots/GTC-307doc IN WiTNESS WHEREOF, this Agreement has been executed by the parties hereto. [ CONTRACTOR California Department of General Services Use Only CONTRXCTOR-SNhME (1y OIl,e„ than an i„di„idual, state ,„helP,e„ a corporation, partnership. etc.) City of Downey through the Downey Police Department BY ( Authorized Signature) IDATE SIGNED (Do not tYpe> 77@7 Z’### -/’ F &' /q 't?"7 mR qTED7AMEliKTITLE or PERSON SIGNrNG Roy Campos, Chief of Police ADDRESS 10911 Brookshire Avenue Downey, CA 90241 APPROVED AUG - 3 2007 STATE OF CALIFORNIA I if GENERAL SERVICES AGENCY NAME DeDartment SiiBY (Autho lcoholic Bevera 'ontrol DATE SIgNED (po not type)mA ( 1 A SIGNING )ennis J. Clear, Assistant bi}ector, Administration DDRESS .,927 Lennane Drive, Suite 100 Sacramento, CA 95834 B Exempt per GC-14616 Exhibit A Summar\ The City of Downey, located in Los Angeles County, is a Council-Manager form of municipal government, which provides its own police services. The City contains a highly diverse residential population and industrial area covering 12.8 square miles. The 2000 United States Census Report lists a full-time population of 107,323 for the City of Downey. This report identifies the population as 58% Hispanic, 29% White, 8% Asian, 3% African American and 2% others. There are 156 active ABC licensed locations in the City of Downey. The Downey Police Department is a general law enforcement agency responsible for the delivery of a full range of law enforcement services to the community. The department is led by Chief Roy Campos, who oversees 119 sworn Police Officers and 80 civilian personnel. The department personnel are organized into three divisions. These divisions include Field Operations, the Detective Bureau and Administrative Services. The Administrative Services Division provides support services for the department. The Special Enforcement Team (SET) is a part of this division, SET consists of an Administrative Sergeant and two fall-time sworn investigators. This team is overseen by an Administrative Lieutenant and the Administrative Captain. SET is responsible for monitoring our ABC licensed establishments and they are currently overseeing and conducting the enforcement activities provided for by our 2006 ABC Grant Assistance Program. These activities are under the direction of our grant coordinator, ABC Investigator Bryan Rushing. The City of Downey Police Department is requesting $29,898.20 in Grant Assistance funds from the California Department of Alcoholic Beverage Control for fiscal year 2007. This request has the full support of Chief Roy Campos. The Special Enforcement Team will be responsible for the implementation, completion and success of the operations outlined in this proposal, should we be selected to participate in the 2007 Grant Assistance Program. Our goals and objectives are to accomplish the following: 1) 2) 3) 4) 5) 6) Conduct at least 12 “Shoulder Tap” operations. Conduct at least 6 minor decoy operations. Coordinate and conduct IMPACT Operations at 100% of the licensed premises within our jurisdiction. 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. Issue 4 press releases regarding the grant and/or the activities conducted under the grant. Rout all DUI related reports to ABC and modify our DUI arrest reports to include the ]ocation of last drink. ( Exhibit A b Problem Statement The City of Downey Police Department was fortunate to be selected in 2006 as a participating agency as part of the Grant Assistance Program. This program has allowed us to develop strong working relationships with members of ABC and it has increased our effectiveness as a law enforcement agency. It has also allowed us to increase community awareness and provide training to our ABC licensees and to the members of our department. We have taken this process seriously and as a result we have demonstrated our ability to effectively work with the members of ABC in our mutual quest to reduce alcohol related crime within our community. As a part of this process, we have identified areas of concern that we were less aware of when we initially entered into joint operations with your agency. Of particular concern to our community was the ease in which our minor decoys were able to purchase alcohol during “shoulder tap” operations. This particular type of operation was not a stated goal of our agency on the 2006 grant. At the direction of our Grant Coordinator, Investigator Bryan Rushing, we conducted two “shoulder tap” operations in September of 2006. This resulted in 7 illegal purchases of alcohol. Our participation in the joint task force operation on April 10, 2006, resulted in four illegal purchases. [ In all three of these operations, our success was seemingly only lirnited by the amount of time and resources that we had available for the operation, which points to a glaring problem within our community. The factors contributing to this concern are a lack of community awareness and, to be frank, a lack of concern on the part of the violators that they will be caught. Through vigorous enforcement, communicating with the community and issuing press releases, we hope to significantly reduce these occurrences. In addition, we intend to continue to address the problem of off-sale licensees who sell alcohol to minors. Our minor decoy operations are a valuable tool in combating this problem and we are having a significant impact on those establishments who fail to comply with the law. We firmly believe that we can further reduce this problem by being allowed to continue with our minor decoy operations through the upcoming fiscal year. Our goal is to attempt alcohol purchase at 100% of our off-sale licensed establishments during the grant period. We also recognize that driving while under the influence continues to be a major problem within our community. Our department arrests approximately 275 to 300 drunk drivers a year. We look forward to cooperating with ABC in sharing this arrest information and identifying where the offenders last consumed alcohol. Our hope is to help identify those licensees that over serve their patrons and/or provide packaged alcohol to those in an intoxicated state Exhibit A E Project Description To meet our goals and objectives. we intend on implementing the following plan of actIon. 1 ) We will conduct at least 12 shoulder tap operations that will each last five hours in duration. To accomplish this operation safely, we will assign one investigator to the minor decoy and follow the protocol established during the shoulder tap joint task force. We have also requested a covert body wire device to increase the safety and effectiveness of these operations. During our past operations we purchased alcohol through shoulder taps 29% of the time. Our goal is to reduce this number by 50% to achieve an 85% compliance rate from the public 2) We will conduct at least 6 minor decoy operations, which will allow us to conduct operations at 100% of our off-sale licensed establishments at least 3 times during the grant period. Our goal is to reduce our violations to 0, achieving one hundred percent compliance with the law. We believe this goal to be realistic and attainable through continued education and vigorous enforcement. 3-) Coordinate and conduct IMPACT inspections at 100% of our AB(,- licensed establishments. Our goal is to achieve 100% compliance with ABC regulations. To communicate our project and update the community, we will release the details of our efforts on a monthly basis through our city armouncernent to the local press under the Police Departments “what’s happening” section. Tns material is published by the city for the review of city employees and it is included with communitY water bills. We will issue at least four press releases outlining the details of our operations. The local newspapers are the Downey Patriot and the Press Telegram, which will be are target publications . We will rout our DUI related reports to ABC. We can accomplish this by flagging these violations through our records department for distribution to your agency. This has met with approval through chief Campos. In addition. we stand ready to modify our arrest report to include the information on the location where alcohol was last consumed and/or purchased. 4) 5) 6) Our agency will utilize ABC enforcement strategies in meeting the goals established. We also recognize that we may be called upon to participate in additional operations within our jurisdiction that are developed as a part of regional or state wide operations. The Downey Police Department is more than willing to lend our resources to these efforts, when deemed appropriate by our command staff. Project Personnel The staff requirements for the successful completion of these operations are one Sergeant and two Investigators. The personnel assigned to this project will be provided by the department from the Administrative Division’s Special Enforcement Team. The Administrative Division will also be responsible for the grant. Exhibit At The assigned personnel will be as follows Sergeant Randy Patrick Administrative Sergeant, Downey Police Department 24 years fIJI-time, sworn law enforcement experience Corporal Garth Boggs Special Enforcement Team Investigator 21 years fall-time law enforcement experience Corporal Terrence Goeckner Special Enforcement Team Investigator 16 years full-time law enforcement experience t Exhibit B t BUDGET ESTIMATE BUDGET CATEGORY AND LINE-ITEM DETAIL P Officer-1 ($43.67 an hour X 1.5) 865.51 for 10 hours Officer-II ($43.67 an hour X 1.5) $65.51 for 10 hours Sergeant-I ($52.65 an hour X 1.5) $78.98 for 10 hours Each month for 12 months COST ( Rou11 d budget anrou ll ts '&' TOTAL PERSONNEL SERVICES t Operating expenses will be contributed by the implementing agency. M W TOTAL OPERATING EXPENSES t Covert communications device (body wire) @ M TOTAL EQUIPMENT T 0) Registration for July 2007 GAP Conference 2 Attendees at $150 each Registration for January 2008 Conference 2 Attendees at $150 each Travel, Lodging, and meals M W ®W M M TOTAL TRAVEL EXPENSE TOTAL BUDGET ESTIMATE, Am CATEGORIES Exhibit D Payment Provisions 1.INVOICING AND PAYMENT: Payments of approved reimbursable costs (per Budget Detail attached) shall be in arrears and made via the State Controller’s Office. Invoices shall be submitted in duplicate on a monthly basis in a format specified by the State. Failure to submit invoices and reports in the required format shall relieve the State from obligation of payment. Payments will be in arrears, within 30 days of Department acceptance of Contractor performance, pursuant to this agreement or receipt of an undisputed invoice, whichever occurs last. Nothing contained herein shall prohibit advance payments as authorized by Item 2100- 101-3036, Budget Act Statutes of 2007 I Revisions to the ''Project Narrative’' and the “Budget Estimate“ may be requested by a change request letter submitted by the Contractor. If approved by the State, the revised Grant Assistance Program Narrative and/or Budget Estimate supersede and replace the previous documents bearing those names. A contract amendment will be required to implement any such changes with the exception that changes in a budget line item of expense not to exceed five percent (5%) of the line item may be authorized without requiring a contract amendment if the total amount of the contract remains unchanged. 3. Contractor agrees to refund to the State any amounts claimed for reimbursement and paid to Contractor which are later disallowed by the State after audit or inspection of records maintained by the Contractor. 4. Only the costs displayed in the '’Budget Estimate“ are authorized for reimbursement by the State to Contractor under this agreement. Any other costs incurred by Contractor in the performance of this agreement are the sole responsibility of Contractor. 5.Title shall be reserved to the State for any State-furnished or State-financed property authorized by the State which is not fOlly consumed in the performance of this agreement. Contractor is responsible for the care, maintenance, repair, and protection of any such property. Inventory records shall be maintained by Contractor and submitted to the State upon request. All such property shall be returned to the State upon the expiration of this contract unless the State otherwise directs 6 If travel is a reimbursable item, the reimbursement for necessary traveling expenses and per diem shall be at rates set in accordance with Department of Personnel Administration rates set for comparable classes of State employees. No travel outside of the State of California shall be authorized. No travel shall be authorized outside of the legal jurisdiction of Contractor without prior authorization by the State. Exhibit DI Prior authorization by the State in writing is required before Contractor will be reimbursed for any purchase order or subcontract exceeding $3,000 for any articles. supplies. equipment, or services to be purchased by Contractor and claimed for reimbursement. Contractor must justify the necessit} 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 hav,e 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 hInds for the program, this Agreement shall be of no farther 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. I If bInding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State. or offer an agreement amendment to Contractor to reflect the reduced amount Exhibit E Special Terms and Conditions I 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. T 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 termlnatlon . 3.Contract Validity: This contract is valid and enforceable only if approved by the Office of Legal Services, State Department of General Services, if required, and if adequate funds are appropriated in Item 2100- 101-3036, Budget Act of 2007, for the purposes of this program. 4 Contractor Certifications: By signing this agreement, Contractor certifies compliance with the provisions of CCC 307, Standard Contractor Certification Clauses. This document may be viewed at: w\vw.dgs.ca.gov/contracts. 5 If the State determines that the grant project is not achieving its goals and objectives on schedule, funding may be reduced by the State to reflect this lower level of project activity.