Loading...
HomeMy WebLinkAboutContracts & Agreements_142-2005_CCv0001.pdf r �7 ye NATE OF CALIFORNIA STANDARD AGREEMENT STD 213(Rev 06103) AGREEMENT NUMBER 05G-LA12 a REGISTRATION NUMBER 1 _ Thls Agreement Is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME _ Department of Alcoholic Beverage Control CONTRACTORS NA ' ME --` _ —_ City of Redlands through the Redlands Police Department 2. The term of this July 1,2005 through June 30,2006 —_Agreement is: 3. The maximum amount $ — - - --_ of this Agreement is: $19,272.00 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference mad a part of the Agreement: Exhibit A - Scope of Work/Project Narrative 8 pages Exhibit B - Budget Estimate l page Exhibit C - General Terms and Conditions GTC 304 Exhibit D-Payment Provisions 2 pages Exhibit E- Special Terms and Conditions 1 page Items shown with an Asterisk(*) are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at www. ols.d-os ca gov1Stand+LanJ?uaze IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto. CONTRACTOR California Department of General CONTRACTOR'S NAME(f other than an individual,state whether a corporation,partnership,etc.) Services Use Only City of Redlands through the Redlands Police Department 4Auds� „att�r�} Susan Peppler ( type) DATE SIGNED Do not Ma or AME AND TITLE; F P RS N SIGNING Attest',. rr Lorrie Poyzer, City Clerk ADDRESS f r 30 Cajon Street Redlands, CA 92373 STATE OF CALIFORNIA I AGENCY N Depart m nt,of Alcohol' Beverage Control BY(Ah otize Si#nature} DAT SIG D(Do not type) PRINTED NAME D TAT E OF PERSON SIGNING Dennis J. Clear, ` sistant Director, Administration ' E"e"' per ADDRESS 3927 Lennane Drive, Suite 100 GC14616 Sacramento,CA 95834 . Exhibit A 1. BACKGROUND 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 official population of approximately 70,000, 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. A Council-Manager form of government governs the City of Redlands. The Redlands Police Department is a full service law enforcement agency consisting of 94 sworn officers. The Department also has 120 full and part time civilian employees. More than 110 volunteers in the form of Police Reserves, Chaplains, Citizen Volunteer Patrol members, Explorers and Juvenile Care Volunteers, assist the Department in its day-to-day activities. The police department is divided into two divisions; the Field Services Division and the Community Services Division. The Field Services Division is comprised of three bureaus; Patrol Services Bureau, investigative Services bureau and the Crime Intervention Bureau. The Field Services Division is responsible for the enforcement of all federal, state and local laws within the city of Redlands. The Community Services Division consists of three bureaus; Support Services, Housing, and Recreation. The Community Services Division handles the administrative functions of the department, as well as Recreation, Housing, Senior Citizens, Downtown Redlands Business District, Market Night and Community Development Block Grant funding. The police department currently has four Community Policing Sub-Stations located in different geographical areas of the city. The officers and civilian employees assigned to the sub-stations utilize a "problem solving" method of addressing the needs and issues that confront community members who live in those areas. In 1994, the Redlands Police Department adopted and implemented the "community oriented policing" philosophy department wide. The department recognized the fact that the most effective way to accomplish its mission and achieve its goals was to develop community participation and partnerships whenever applicable and possible. The Redlands Police Department is a nationally and regionally recognized leader in the development of innovative approaches to reducing crime through partnerships with the community and allied agencies. In 2001, the Redlands Police Department reorganized which created what is now called the Crime Intervention Bureau. The Crime Intervention Bureau (CIB) is staffed by officers who make up the Multiple Enforcement Team (MET), the Special Operations Team (SOT) and the East Valley Street Enforcement Team (EVSET), the Parole & Corrections Team (PACT) and the Drug Court Unit. The Crime Intervention Bureau focuses on those crime related issues in the community which are the most troublesome. Alcohol related issues, the enforcement of state and local regulations related to alcohol and collaboration with allied agencies such as ABC is the responsibility of Exhibit A CIB. The MET unit currently has one officer dedicated, on a part time basis, to coordinate all ABC related activity and operations. Over the past 6 years, the Redlands Police Department has been conducting a variety of ABC operations and programs. In 1999 the Redlands Police Department was awarded the GALE grant by the Department of Alcoholic Beverage Control (ABC) which provided funding for a full time Alcohol Related Crimes investigator (ARC), equipment and related supplies. The grant terminated in 2000, but the police department continued the program in its grant funded form until 2001. Between 1999-2001, the assigned ARC officer conducted in-service training to sworn officers in the department, as well as community members and civilian volunteers. The ARC officer also coordinated and supervised numerous Minor-Decoy operations and Minor Decoy Shoulder-Tap operations. Those operations generally saw a 90-95% compliance rate. Between 1999-2001, the department has hosted/sponsored approximately 4 LEAD training sessions and conducted numerous IMPACT/ROSTF programs. Local ABC Investigators were regularly invited to assist in these operations, and their assistance and expertise often proved valuable to the successful prosecution of violations. In 2001, staffing and other budget related issues forced the department to reassign the responsibility for ABC related activity to the MET unit on a part-time basis. Since then, the MET officer assigned to ABC investigations has conducted Shoulder Tap operations, Minor Decoy operations and licensee investigations, but on a part-time basis only. The department continues to collaborate with local ABC investigators when conducting enforcement operations. 2. PROBLEM STATEMENT One of the key components to the Community Policing philosophy is the importance of applying the "problem solving" model to community crime related issues. Assigning a specific officer, or group of officers, to identify and develop strategies to address issues has proven to be very effective in impacting a crime problem. All officers in the Crime Intervention Bureau rely heavily on the collaborative approach to problem solving. The Redlands Police Department uses this system of policing in traffic enforcement, narcotic and gang suppression programs and DUI enforcement. Some of the activity that was previously performed by the grant funded ARC investigator, such as the licensee education program, student education program and other prevention and intervention activity, has fallen short of our goals due to lack of funding for personnel overtime and equipment. The City of Redlands currently has 117 businesses with a liquor license, 49 off- sale and 68 on-sale. Of the 11 closest cities to Redlands, which straddle the IS- 10 freeway, Redlands has the fourth largest number of retail alcoholic beverage licenses. Exhibit A In recent years several new restaurant/bar businesses have opened within the city that cater to young adults. These businesses, along with a number of others that have been in the city for many years, are responsible for the bulk of the calls for service at licensee locations. Fights, disruptive customers and damage to vehicles and property are but some of the crime issues that are prevalent at these locations. Under age drinking at these businesses is also an on going problem. The police department's efforts to control these issues at the problem businesses has been severely restricted due to cut backs in available personnel and funding. In 2003, Redlands Police Officers responded to 174 calls for service at ABC Licensed establishments in the downtown area, 220 calls in 2004 and 26 YTD 2005. ABC operations in these areas have resulted in 18 arrests for Furnishing Alcohol to a Minor in 2003, 20 arrests in 2004. In 199912000, when our ABC GALE grant (Alcohol Related Crimes) officer was in place, the data showed that the ARC's education/awareness efforts as well as the Decoy programs, Shoulder Tap programs, LEAD programs and other enforcement activities were very effective in reducing alcohol related crime. The San Bernardino County District Attorney's Office has aggressively prosecuted all cases involving alcohol-related crimes. One noteworthy case involved an individual who was sentenced to 30 days in county jail for repeatedly selling alcohol to minors. As is the case in most communities, under age drinking at parties and other gatherings at private residences, both supervised and unsupervised, is on the increase. Although specific data regarding the number of under age individuals who are found to be drinking at these gatherings is unavailable, patrol officers who work the street report that attitudes regarding under age drinking seem to be very liberal and more teenagers are taking part. An analysis of recent data revealed that the number of juveniles arrested for possession of alcohol rose 60% when comparing 2002 with 2003. DUI arrests for all ages increased 36% from 2002 to 2003 and public intoxication arrests of juveniles increased 63%. This, coupled with the fact that most alcoholic beverage advertising portrays drinking as "cool", makes it easy for teenagers to rationalize their decision to consume alcohol. The City of Redlands is proud to have a very prestigious private university located with in its boundaries. The University of Redlands has an enrollment of more than 2000 students and is located within walking distance of several businesses that serve alcohol and cater to a younger clientele. The campus is home to a host of fraternities and sororities, a number which sponsor large and sometimes very boisterous parties on the weekends. The campus has its own security department, but frequently calls for assistance from the police department to deal with drunk and unrulely students. In the past, almost every case where on campus student activities resulted in a police response, alcohol played a major role. It is not uncommon to find non-students {sometimes high Exhibit A school students) at these fraternity parties who are intoxicated. The Director of Public Safety at the university is a Redlands Police Department Lieutenant who is assigned there as part of a contract. According to this staff officer, alcohol use at the university is up significantly and alcohol poisoning incidents are at an all time high. In 2002, the University of Redlands reported 144 Disciplinary Referrals for Liquor Law violations, 136 violations in 2003, and 207 violations in 2004. The Redlands Police Department is committed to identifying and implementing programs and processes that result in the reduction of alcohol related crime, the increase in awareness regarding the hazards of alcohol use and an increase in awareness and compliance on the part 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 (Redlands Against Drugs & Alcohol, School/Police Liaison Committee), Alcohol Beverage Control (Shoulder Tap, Under Age Decoy, LEAD, Cops in Shops), Redlands Drug Court (probation orientation education, terms & conditions compliance, education & referral), Redlands Parole & Corrections Team (terms & conditions compliance, education & referral), ferral), Office of Traffic Safety grant(DUI enforcement support, checkpoint support, education/awareness support) and the Redlands-Yucaipa Guidance Clinic (awareness/education support). As with any comprehensive awareness program, especially one that requires prevention and intervention at so many levels, educational material in the form of printed handouts, posters, training material, and demonstration aids (DUI goggles) become critical to the mission. The absence of police department funding for these materials because of the statewide budget crisis has all but eliminated such purchases. Alcohol detection equipment is also a very important part of any enforcement effort. The use of PAS devises has proven to be essential in the successful detection, apprehension and prosecution of DUI offenders. The devises are also very useful when officers intervene at locations where alcohol is being used such as frat house parties, teenage parties at private residences and other locations. 3. PROJECT OBJECTIVES 1. This project will utilize the current Alcohol Related Crimes officer who will act as the project supervisor. This officer will coordinate all program related activities in addition to his/her regularly scheduled assignment. The overtime needed to conduct the program objectives will be funded by this grant. 2. Conduct a minimum of six (6) Minor Decoy Operations, targeting alcohol sales to minors, during the funding period with a goal of a 95% licensee compliance by the end of the funding cycle. Exhibit A 3. Conduct a minimum of six (6) Shoulder Tap Operations, targeting adults who facilitate underage alcohol usage, during the funding period with a goal of educating the community and licensees regarding the ramifications of furnishing alcohol to minors. An additional goal will be to reduce this type of activity by 70% by the end of the funding period. 4. Conduct a minimum of six (3) Cops in Shops Operations, targeting minors who attempt to purchase alcohol at licensee businesses, during the funding period with a goal of reducing this type of crime by 70% by the end of the funding period. 5. Schedule two (2) joint ABC/RPD educational seminars designed to provide LEAD training to all local ABC licensees. Additional goal will be to provide IMPACT training to all licensees during in store visits. 6. Develop and implement an ongoing standard operating ABC enforcement procedure and training program within the Department. This will include no less than (12) training sessions for sworn personnel. The focus of these 1-hour training sessions will help officers identify disruptive and disorderly retail alcoholic beverage outlets. 7. Conduct two (2) DUI checkpoints during the funding period. The checkpoints will be a collaboration of the ARC and officers from the police department's Traffic Safety Unit. 8. Create a merchant (licensee) education program that will provide information about laws and penalties, assistance in creating management polices that prevent illegal sales of alcohol, teach skills on how to recognize false ID's, and support this effort with materials and signage. 9. Conduct four (4) alcohol education/awareness presentations at the University of Redlands in collaboration with the Student Leadership Involvement Council (SLIC). 10. Conduct at least one (1) alcohol education/awareness presentation during the funding period at each of the middle/high schools in the Redlands Unified School District. These presentations will be in support of the district's "Redlands Against Drugs" (RAD) program and in collaboration with the RYGCA. 11. Collaborate with the police department's Crime Analysis Unit to map all ABC licensee locations, carefully track all violation and call for service activity at the locations. CAU will also be prepare monthly reports/maps which track all alcohol related crime and calls for service. Exhibit A 12. During the funding period the police department's ARC officer will work very closely with officers from the local ABC office. Representatives from the local ABC office will be consulted with and included in every field operation possible. 4. METHOD OF PROCEDURE The Redlands Police Department will accomplish the objectives of the ABC grant through several principle activities. To achieve the program objectives, one full- time police officer position will be maintained in the Multiple Enforcement Team as the Alcohol-Related Crime Investigator. This investigator will be responsible for all aspects of the program including developing, organizing and presenting all aspects of the grant's educational activities. The investigator will be responsible for developing and implementing enforcement activities and efforts including decoy programs and response to identified problem establishments. Funds awarded from this grant will provide the overtime needed for the ARC officer and other personnel needed to accomplish the listed program objectives. Upon notification of the grant award, the project will be implemented as follows: Phase I - Preparation: Upon receiving notification of the grant award, the current officer will remain with the Multiple Enforcement Team as the Alcohol Related Crime Investigator. The ARC investigator establish contact with all ABC representatives all other involved parties to explain the scope of the program and to enlist assistance to develop the appropriate training needed in order to accomplish the objectives. Phase 11 - Implementation: The program will be implemented upon receipt of the grant award. Program activities to be implemented include: -Middle/High School Alcohol Awareness Presentations - Undercover Juvenile Decoy & Shoulder Tao - Sales To Intoxicated Persons - Community Education and Awareness - Licensee and Emgloyee Education and Training - In-Service training for sworn officers Phase IV- Community Involvement: The ARC investigator will meet regularly with members of the Chamber of Commerce, the Downtown Redlands Business Association and other community groups to brief them on the projects efforts, status and problems with ABC licensed establishments. The ARC investigator will develop a joint ABC/RPD press/media release regarding the program details and accomplishments and distribute this to the media. Ongoing information regarding the program will be provided to community groups though the informational activities of the ARC Investigator. Members of the Civilian Exhibit A Volunteer Patrol will be utilized whenever and wherever appropriate in the program to increase the public's exposure to the grant's activities. Phase V - Data gathering And Analysis: The ARC investigator, in conjunction with the Crime Analysis Unit, will conduct quarterly evaluations of the observable results recorded for each of the program's activities objects. Any adjustments necessary to increase the success of the program will be made at this time, after consultation with ABC representatives. The ARC investigator will monitor all alcohol violation activity encountered by the Department during the course of the program, in order to identify and target problematic ABC licensed establishments. The Crime Analysis Unit will map all recoverable information related to ABC licensed establishments on a monthly basis and provide the information to all appropriate individuals. Phase VI - Final Report: At the conclusion of the ABC G.A.L.E. Program, a final report will be prepared for submission to ABC, detaining the activities undertaken as well as the observable and subjective results recorded statistically and through interviews with involved parties. It is anticipated that there will be an initial increase in the number of arrests for violations involving alcohol or violations occurring at ABC licensed establishments due to increased enforcement. At the conclusion of the program, it is anticipated that the increased enforcement and community educational activities will result in an overall reduction in alcohol related violations. 5. METHOD OF EVALUATION The ABC G.A.L.E. Program's final evaluation will determine whether or not the project objectives were met. 1. Did the presentation of community wide educational alcohol awareness/safety programs result in the reduction of alcohol related violations throughout the City? 2. Did the program assist ABC licensed establishments within the city to operate in compliance with the provisions of their ABC license? Evaluation data will include the number of pro-active business contacts made, community group and business meetings held and was the number of stated training sessions for licensed ABC establishments met. 3. Did the enforcement action against problematic disruptive ABC licensed establishments result in a decrease in the number of calls for service at these locations? At the conclusion of the grant, the number and type of calls for service, at or near ABC licensed establishments will be determined and compared to similar data obtained for the period prior to the program. Exhibit A 4. Did the project lead to an ongoing effort to identify and target problematic ABC licensed establishments city wide and in the adjoining jurisdictions to achieve long-term compliance? 5. Were the activities conducted during this program developed, organized, evaluated and recorded in such a manner so they can be successfully continued or implemented by any officer in the Department? 4. The final evaluation will also include; the number of decoy operations conducted, the number of ABC licensed establishments visited during decoy operations, the number of purchases attempted and the number of licensees that sold to the decoys. Was a 95% compliance rate achieved? 7. The final report will also include: the number of shoulder tap operations conducted, the number of ABC licensed establishments visited by undercover officers, the number of people solicited and the number of people that furnished alcohol to the decoys. Was an 85% or better compliance rate achieved? 5. ABC LIAISON The Redlands Police Department has an extensive relationship with ABC. Investigators from ABC have trained RPD personnel in enforcement operations such as; decoy programs, "after hours" sales, Shoulder Tap Operations, I.M.P.A.C.T. inspections and. disorderly house investigations. The Redlands Police Department and ABC have collaborated on many joint criminal and administrative investigations. Past operations have brought licensed establishments into compliance and resulted in decreased calls for police response at many of these locations. This grant could only strengthen the relationship between the two organizations. 7. STATEMENT OF INTENT The Redlands Police Department has a long, demonstrated experience with grant programs especially in areas related to Risk Focused Policing programs. Grant programs, including an ABC GALE Grant position have traditionally been absorbed in the Department's table of organization once the formal grant funding stops. This has been particularly true of programs that have successfully impacted crimes committed by juveniles and reduced the risk factors they are exposed too. The Alcohol Related Crimes Investigator position has been maintained since 2001. This position will certainly continue to have a positive impact on the youth of the community. The ARC investigator is currently a component of the Redlands Police Department, and will remain as such at the conclusion of the grant program. Exhibit B BUDGET ESTIMATE COST 111 (hound all budget amounts to nearest dollar) Overtime Estimated 320 hours @ $50.85 $16,272.00 TOTAL PERSONNEL SERVICES $16,272.00 f Decoy Operations, Undercover Operations and Narcotic Investigations "Buy Money" $ 500.00 TOTAL OPERATING EXPENSES $ 500.00 None TOTAL EQUIPMENT 0 January and July Grant Meetings $ 2,000.00 Registration Fees $ 500.00 TOTAL TRAVEL EXPENSE $ 2,500.00 $19,272.00 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 2005. 2. 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 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. r Exhibit D 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. Exhibit E Special Terms and Conditions i 1. Disputes: Any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Director, Department of Alcoholic Beverage Control, or designee, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Department shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the State a written appeal addressed to the Director, Department of Alcoholic Beverage Control. The decision of the Director of Alcoholic Beverage Control or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, Contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the State. 2. Termination Without Cause: Either party may terminate this agreement at any time for any reason upon ten (10) days written notice. No penalty shall accrue to either party because of contract termination. 3. Contract Validity: This contract is valid and enforceable only if 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 2005, for the purposes of this program. 4. Contractor Certifications: By signing this agreement, Contractor certifies compliance with the provisions of CCC 304, Standard Contractor Certification Clauses. This document may be viewed at: www.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 thiA lower level of project activity.