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HomeMy WebLinkAboutContracts & Agreements_134-2016 STATE OF-CALIFORNIA STANDARD AGREEMENT STD 213 (Rev 06/03) AGREEMENT NUMBER 16G-LA32 REGISTRATION NUMBER 1 This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'SNAME DEPARTMENT OF ALC'OHOUC BEVERAGE CONTROL CONTRACTOR'S NMAE City of Redlands through the Redlands Police Department 2. The term of this July 1, 2 0,11'k-5 through June 30, 2017 Agreement is: ........... ................ ......... ..................... 3. The maximum amount $24,491, of this Agreement is: 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. ------------- Exhibit A-Scope of Work 4 page(s) Exhibit B - Budget Detail and Payment Provisions 3 page(s) Exhibit C*- General Terms and Conditions GTC 610 Check mark one item below as Exhibit D: Exhibit - D Special Terms and Conditions (Attached hereto as part of this agreement) 1 page(s) Exhibit - D* Special Terms and Conditions Exhibit E-Additional Provisions pages) 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 w .a�(p.(, In f.')afl �' t(tgLO(_i (r5 ,q IN WITINESS WHEREOF,this Agreement has been executed by the parties hereto. CONTRACTOR California Department of General Services Use Only CONTRACTOR'S NAME(if other Chan an rndrvidual state wheMera P1"ho6r5h'ri WC) City of Redlands through the Redlands Police Department BY(Authorized Sigoaturo) DATE SIGNED(No,wfl ripe) PRINTED NAME AND TLE OF PERSON SCNING Mark A. Garcia,6-nef ADDRESS 30 Cajon Street Redlands, C.A. 92373 AGENCY NAME STATE OF CALIFORNIA Department of Alcoholic Beverage Control BY(AulhorizedSignatw��J_ DATE SIGNED(l),,nor iir��l '12, PRINTEE)NAME AND TITLE OF PERSON SIGNING Z Exempt per, SCM 4,04.(A)(3) Randall Deerns, Assistant Director, Admiflistration ADDRESS 3927 Unnane Drive, Suite 100, Sacrament(.) CA 95834 Exhibit A SCOPE OF WORK Summary: a) Agency Description: The City of Redlands, incorporated in 1888, is located in eastern San Bernardino County and is bordered by the cities of San Bernardino, Loma Linda, Highland and Yucaipa. The City of Redlands has a current population of approximately 70,622, with a total land area of 37 square miles and a 15-mile sphere of influence. Redlands has the fourth largest population of the surrounding nine communities and is the second largest in square miles. The City of Redlands is governed by a Council-Manager form of government. The City also has a revolving population with the University of Redlands' 3,000 students. The Redlands Police Department is a full-service municipal law enforcement agency that employs 80 sworn personnel including the Chief of Police, 2 Commanders, 2 Lieutenants, I I Sergeants, 20 Corporal/Detectives, and 44 Officers. We also employ approximately 39 full time civilian employees and 175 volunteers in the form of Police Reserves, Chaplains, Explorers, Citizen Volunteer Patrol and administrative members. b) Funding Requested: The Redlands Police Department is requesting$24,49 Ito fund officers on an overtime basis, purchase equipment, and educate officers and businesses to proactively identify and combat alcohol-related offenses. Furthermore, this funding would assist the department in educating the public on alcohol-related problems associated with the City's alcoholic beverage licensed establishments. c) Goals and Objectives: If funded, the Redlands Police Department could better concentrate its efforts on alcohol education, enforcement and fostering a close working relationship with the local ABC office. Our objectives would include: Minor decoy operations targeting alcohol sales to minors, shoulder tap operations, IMPACT and LEAD training to alcohol retailers, alcohol education and prevention,training all personnel on how officers can assist in ABC licensed premises investigations, collection of data on underage alcohol-related crimes and calls for service. Additional objectives include partnering with the San Bernardino County Department of Public Health Alcohol and Drug Abuse prevention program to provide education to school children on the dangers of drugs and alcohol and creating a partnership with the District Attorney to ensure violators are prosecuted. Moreover,the funding would enable the Redlands Police Department to partner with the community group Responsible Redlands to educate and equip ABC licensed premises with tools and knowledge to combat alcohol related crime. Finally, we wish to partner with the University of Redlands Public Safety Office and utilize a newly adopted Social Host Ordinance to combat off-campus parties at the University of Redlands and throughout the city. Exhibit A SCOPE OF WORK d) The City of Redlands currently has 158 businesses with a liquor license, 61 off-sale and 97 on-sale. Problem Statement: In recent years, several new restaurantibar businesses have opened within the City that cater to young adults. These businesses are centrally located in the downtown area and patrons walk from bar to bar throughout the night. This area is referred by the Inland Empire drinking community as the"walk of shame."These businesses, along with a number of others that have been in the City for many years, are responsible for the bulk of the service calls at licensed locations. Underage drinking at these businesses is an ongoing problem_ The police department's efforts to control these issues have been severely restricted due to cutbacks in available personnel and funding. With the growing popularity of Redlands as a drinking district, more violent crimes such as assaults, DUI traffic collisions, and two homicides outside ABC licensed businesses have occurred. Watch commanders have to redirect patrol officers to downtown on busy nights,taking away community resources. An analysis of recent data revealed that in 2015, Redlands Police Officers arrested 40 people for DUI in the downtown area. Most of these DUIs stem from the new popularity of the bars/restaurants in downtown Redlands and these statistics don't include the drivers under the influence which made it to their destinations safely. During the last mini grant period, September 1, 2014 through August 31 30, 2015, officers made 1 I arrests during 4 Minor Decoy operations and 10 arrests during 6 Shoulder Tap Operations. Between September 2011 and March 2015, Redlands Police Officers have made 50 arrests during Shoulder Tap/Minor Decoy operations. It is clear there is still an underage drinking problem in the City. Through community tips, we obtained information that businesses are privy to our enforcement techniques. Businesses are only selling to minors they know are not working for the police which will require more innovative undercover operations to combat sales to minors. In 2015, in the downtown area, on Thursday, Friday and Saturday nights between 2000 hours and 0300 hours, Redlands Police Officers responded to 47 in progress fight calls and 98 miscellaneous disturbing the peace calls. During this same time period, officers arrested 45 subjects for public intoxication. Redlands Police Officers patrolling the area initiated 257 calls for service through traffic stops, pedestrian checks, or bicycle checks. These calls for service and proactive police work take time away from officers responding to emergency calls in other parts of the city. These statistics only reflect the calls officers reported to dispatch. They do not reflect the time officers spent solving problems on site and not reporting it to dispatch such as stopping a fight when it starts or finding a ride for a heavily intoxicated subject rather than arresting them. A few years ago, the University of Redlands implemented restrictions on alcohol at parties on campus. This has created"party houses" in the surrounding area and requires patrol officers to respond to noise complaints, intoxicated subject complaints, and general disturbance calls. Officers are frequently called to the University campus to assist safety officers with intoxicated students and sometimes arrest students that meet the elements of public Exhibit A SCOPE OF WORK intoxication. In 2015, officers responded to 93 party calls and 25 loud music calls in the neighborhood directly surrounding the U of R during the weekends. Project Description: The purpose of the grant would be to fund officers, on an overtime basis, to identify alcohol-related problems and proactively prevent, intervene, and suppress those problems associated with alcohol beverage licensed establishments. The Redlands Police Department is committed to identifying and implementing programs and processes that result in the reduction of alcohol-related crimes, increase awareness regarding the hazards of alcohol use and increase awareness and compliance on the part of licensees. To this end, the police department will continue to forge and support partnerships with community groups, public and private organizations, allied agencies and others to promote alcohol related education and compliance. The police department's partnership with the school district (Campus Safety officers, We-Tip student hotline, Sober Spring Break, Friday Night Live), County of San Bernardino Department of Public Health Alcohol and Drug Abuse Prevention Program, University of Redlands Peer Education group, Office of Traffic Safety (DUl enforcement support, checkpoint support, education/awareness support) and the Responsible Redlands Group are very important components in our comprehensive approach to underage drinking. Past enforcement efforts conducted in the City of Redlands include the Minor Decoy Program, Decoy Shoulder Tap Operations, IMPACT Programs, Trap Door operations, DUI checkpoints, and Cops in Shops Programs. Additional programs include multi-agency DUI saturation patrols, multi-agency gang and narcotic suppression programs, after hours sales compliance checks, and false I.D. sweeps. An assigned ABC liaison officer will train the entire Department through briefing training on alcohol laws and strategies to safely disperse minors who attend drinking parties. The Redlands Police Department has had a long standing, positive relationship with ABC and will continue to collaborate with them on criminal and administrative investigations. The Redlands Police Department feels that with one officer assigned as the ABC Iiaison/investigator and more education of patrol officers,the Department can more effectively investigate and combat alcohol-related crimes. The ABC liaison officer would be assigned to the Special Operations Bureau, but as a collateral detail, he or she would be responsible for assuring all the following goals are met. (This was done during the last mini grant period and we exceeded our goals.): 1. Identify and target problematic ABC licensed establishments. 2. All licensee violations will be thoroughly investigated and sent to the local District Attorney's Office for prosecution. 3. All Minor Decoy operations will be staffed with appropriately trained personnel at a level that will ensure the greatest possibility of success. 4. The department ABC liaison officer will collect and collate accurate data regarding underage alcohol sales that will be used to focus enforcement activity. S. All grant funded activity will be carefully documented and all reporting requirements will be strictly adhered. 6. Conduct a minimum of four Minor Decoy Operations targeting alcohol sales to minors. 7. Conduct a minimum of four Shoulder Tap Operations targeting adults who facilitate Exhibit A SCOPE OF WORK underage alcohol consumption. 8. Schedule two joint ABC/RPD educational seminars designed to provide LEAD training to all local ABC licensees. 9. Conduct two alcohol education/awareness presentations at the University of Redlands in collaboration with the University of Redlands Peer Education group. 10. Conduct at least one alcohol education/awareness presentation during the funding period at each of the high schools in the Redlands Unified School District. These events would be aimed at sober events such as "Sober Spring Break" and/or Sober Prom with the assistance of the school group Friday Night Live. 11. Collaborate with the police department's Crime Analysis Unit (CAU) to map all ABC licensee locations, carefully track all violations and calls for service activity at the locations. Utilize the information to focus the ABC liaison officer's enforcement/education activity. 12. During the funding period, the police department's ABC liaison officer will work very closely with officers from the local ABC office. Representatives from the local ABC office will be consulted and included in every field operation possible. 13. All enforcement operations will be released to the local and regional press outlets through the City of Redlands Public Information Officer in the ABC press release format. 14. Conduct 6 "party patrols" on weekends when students at the 3 local high schools and the University of Redlands are most likely to have parties with underage drinking such as Homecoming, graduations, and New Year's Eve. Through the party patrols, utilize the city's new social host ordinance as a tool to stop the parties. 15. Conduct business/license inspections on all on-sale and off-sale businesses during the grant period that had violations during our last mini grant period (2014-2015). 16. Conduct two trap door operation targeting minors who attempt to enter a bar/nightclub or purchase alcohol. 17. Conduct 8 undercover operations to identify DUIs, narcotics activity, over serving mostly focusing on the "walk of shame." Use undercover/surveillance tactics to target the businesses that don't sell to our decoys but the department receives complaints about sales to minors. 18. Conduct downtown bar patrol on the following holidays: St. Patrick's Day, Cinco de Mayo, Super Bowl Sunday, 4th of July, and New Year's Eve. 19. Assist with DUI enforcement checkpoints funded by the Redlands Police Department. Project Personnel: a. Det. Merriman (ABC Iiaison officer) and Ofc. D. Frisch will be responsible for organizing all grant operations, grant reporting requirements, and meeting all the grant goals and objectives. b. The Special Operations Bureau will be responsible for enforcement of the grant. c. Those members of the Special Operations Bureau and patrol officers will assist in carrying out the grant's objectives. The Special Operations Bureau (SOB) is staffed by the Multiple Enforcement Team (Sgt. Ortiz), Detective Bureau, and the ABC liaison officer(Det. Merriman). Additional officers will be used to assist with all Minor Decoy and Shoulder Tap operations. BUDGET DETAIL Exhibit B BUDGET CATEGORY AND LINE-ITEM DETAIL COST (Round budget amounts A. Personnel Services (Straight Time Salaries, Overtime, and Benefits) to nearest dollar) A.1 Straight Time $0.00 A.2 Overtime (estimated 300 hours at$68.97 per hours) $20,691.00 A.3 Benefits Employee Benefits- Medicare benefits calculated at 1.45% $300.00 TOTAL PERSONNEL SERVICES $20,991.00 B. Operating Expenses (maximum $2,500) Decoy Operations, Shoulder Tap Operations,and Undercover Operations "Buy Money" $1,000.00 TOTAL OPERATING EXPENSES $1,000.00 C. Equipment (maximum $2,500) (Attach receipts for all equipment purchases to monthly billing invoice) No Equipment needed for this grant period $0.00 TOTAL EQUIPMENT $0.00 D. Travel Expense/Registration Fees (maximum $2,500) (Registration fee for July 2016 GAP Conference attendee is $275 each) Registration for July 2016 GAP Conference. Two Attendees at$275 each. Travel, per diem $2,500.00 and lodging for the July 2016 GAP conference TOTAL TRAVEL EXPENSE $2,500.00 TOTAL BUDGET DETAIL COST, ALL CATEGORIES $24,491.00 PAYMENT PRQVISION 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 2016. 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 and per diem shall be at rates set in accordance with Department of Personnel Administration rates set for comparable classes of State employees. No travel outside of the State of California shall be authorized. No travel shall be authorized outside of the legal jurisdiction of Contractor without prior authorization by the State. PAYMENT PROVISION Exhibit B Page 2 of 2 7. Prior authorization by the State in writing is required before Contractor will be reimbursed for any purchase order or subcontract exceeding $2,500 for any articles, supplies, equipment, or services to be purchased by Contractor and claimed for reimbursement. Contractor must justify the necessity for the purchase and the reasonableness of the price or cost by submitting three competitive quotations or justifying the absence of bidding. 8. Prior approval by the State in writing is required for the location, costs, dates, agenda, instructors, instructional materials, and attendees at any reimbursable training seminar, workshop or conference, and over any reimbursable publicity or educational materials to be made available for distribution. Contractor is required to acknowledge the support of the State whenever publicizing the work under the contract in any media. 9. It is understood between the parties that this contract may have been written before ascertaining the availability of appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the contracts were executed after that determination was made. 10.BUDGET CONTINGENCY CLAUSE - It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount. Updated 2119116 Exhibit D Special Terms and Conditions 1. Disputes: Any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Director, Department of Alcoholic Beverage Control, or designee, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the, Department shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the State a written appeal addressed to the Director, Department of Alcoholic Beverage Control. The decision of the Director of Alcoholic Beverage Control or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, 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 tirne 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 2016, 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 ht 11I ca. — 2- a call. -i!........ 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 STATE OR C;ADFORNIA—BUSINESS.CONSUMER SEIRVICES, ND HOUSING AGENCY_ Edmund Q-Brown Jr-Govern.9f DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL 3927 Lenmane[[give, Su to 100 Sacramento, CA 95834 (9'16)419-2500 FAX (916)419-2599 :lune 3, 2016 Chief lark. A. Garcia Redlands Police Department 30 Cajon Street Redlands, CA 92373 Subject: Grant Contract 6$:-LA,32 Dear Chief Marcia: 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 Redlands Police Department for the total amount of$24,491. To help expedite processing, please ensure below items are completed before returning documents. L Sign and return all three (3) copies to my attention. Each contract must have an original signature. 2. A copy of your Governing body's Resolution in acceptance of this funding.. 3. Include your Federal Taxpayer's Identification Number here ?5-66607(,a, and. return this document with the signed STD213's. After we receive the alcove information from your agency, we will Process the contract package icor approval. Ton approval, we will execute a fully signed contract for your records. If you have any questions, please fuel free to me contact at (91 Ci) 41.9-2572. Sincerely, Suzanne Pascual Grant Coordinator Enclosures Cc: Detective Michael Merriman, Project Director (enclosure not included)