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HomeMy WebLinkAboutContracts & Agreements_59-1999_CCv0001.pdf arm .71 A I t:,DF CALIFORNIA APPROVED By STANDARD AGREEMENT AToTTOeNE THE EY GENERAL AM.Nt}. STD,2(REV.5-91) 99644 1� THIS AGREEMENT, made and entered into this 26th � [T!AWA:Y:ERSt YER�3trttcnt t� in the State of California,b and -------- day of 19 99 y between State of California,through its duly elected or aointed, PP qualified and acting 'T2T1.E Of OFFICER ACTING FOR STATE o Assistant Director Administration AGENCY COIvTT1tA'TC)RS NAME Department of Alcoholic Beverage Control 11 Ci of Redlands throw Redlands police Department i hafter catled the state,and 9. WITNESSETH: That the Contractor for does hereby agree toep and in consideration of the covenants,conditions' 'hereafter called the Contractor. agreemto the States vices and materials,as follows: (Setts,and stipulation of the State hereinafter ttrm for'perj mvxt or cxlmpftiton,and attaa pl..and ,� h»to bt rtnrf�rtd by Cnn amount to be paid Contractor, �• i I. Contractor ��� agrees to provide services as specified in the"Project Narrative"consisting of nine(7) Pages and the °`Budget Estimate"consisting of one(1)page. All pages attached hereto Contractor's name and contract number are hereby incorporated into this agreement by this reference.bearing 2. The term of this agreement is: July I, 1999 through June 30, 2000 3. The maximum amount payable under this agreement shall not exceed$65,200.00 4. The attached Std. 17A"Nondiscrimination Clause"consisting of one page and bearing Contractor's name and contract number are hereby incorporated into this agreement by this reference. 5. This agreement may be terminated prior to the expiration date by either party upon prior written notice. If at any time the Contractor should cease to perform the sery services s� f e rein the contract is deemed to be terminated. No penalty shall accrue to either terlrlination. party because of contract CONTINUED ON 2 _ SHEETS, EACH BEARING NAME OF CONTRACTOR ANl7CONTRACT NU The provisions on the reverse side hereof constitute a part of this agreement. MBER. IN WITNESS WHEREOF,this agreement has been executed by the parties hereto,upon the date first above written STATE OF CALIFORNIA ABY CONTRACTOR Dep ent of Alcoholic Beverage Control Redlands{I'c lice l to 1 il,S "`' '$ '"°'� 9Y W+IRetlehiF, etc) Git;r BY(Al RtZEDSIC�tIAT �, = t Gl�ii d PRNTEDNAMEOF ATT 1' Anthony M. t ANDIT,1.E o�, -- T i illn Lcrrie Poyzer Assistant Director,Administration 300-S. I� edlandy, CA 92373 DOCUMENT ANT ENCUMBERED BY THI5 ['PRUfaRAM!CATEGORY ttt {Ct3t}E AND T1 rtE} FUND TTTLE 65,200.00 ABC FUNDDegirtment of General Services PRIOR AJADUNT ENCUMBERED FOR 1 IC3PTT£7hIAL USE) Use only i HIS CONTRACT 5012/12000 nIa ITEM CHAPTER STATUTE t } FISCAL YEAR TOTAL AM06NT ENCUMBERED To 2100 -101-081 DATE BA �TOFEzrPENrxTURE (CODEAN07TTLEj 99 = 199912000 65,200.00 16-61-702 Grants-Governmental 7 are hereby certify upon my awn persona!ftOOWedge that budgeted funds available for the period and purpose of the expenditure stated above. T B.A. NO, B.R.NO, SIGNATQFJE OF AQ= LATIN C7FFEDER CONTRACTOR - v__ STATE Afi,ENCY # DEPT,PT.C}F GEN SER -014TROLLER 77 L Name of Local Agency: City of Redlands through Redlands Police Deparnnent -Contract Number: 99G-LA14 Page 2 of 3 6. Revisions to the "Grant Assistance to Local Law Enforcement Agencies Proposal" and the Budget Estimate" may be requested by a chage req esttaletter submitted by the Contractor. If approved by the State, the revised " ' to Local Law Enforcement Agencies Project Pro Grant Assistance supersede and replace the previous documents baring those names. A coudget ntract, amendment will be required to implement any such changes with the exception changes in a budget line item of expense not to exceed five percent (S%) of the lthat ine item may be authorized without requiring a contract amen the contract remains unchanged. dment if the total amount of 7. Contractor agrees to make available to the California State Auditor any books records, documents, and other evidencee p rtaining to reimbursable costs, and any matching costs and expenses, and hold them available for audit and inspection b the State for a period of three years after the final payment of this contract. Contractor agrees to make available to the Department of Alcoholic Beverage Control or any State audit entity these same materials pertaining to the performance of this contract at any time during the term of this contract up to a period of three years after the final payment of this contract. 8. Contractor agrees to refund to the State any amounts claimed for reimbursement paid to Contractor which are later disallowed by the State after audit or inspection of records maintained by the Contractor. 9. 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 tial 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. 10. By signing this agreement, Contractor swears underenal of that no more than one final unappealable finding of contempt of court by a fede awl court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of the National Labor Relations Board. For the purposes of this section, a finding of contempt does not include any findin which has been vacated, dismissed, or otherwise removed by the court because g Contractor has complied with the order which was the basis for the finding. Name of Local Agency: ':ontract City of Redlands through Number: 99G-LA14 Redlands police Department Page 3 of 3 11. 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 c s is inc ili of Contractor. responsibility 12. Title shall be reserved to the State for any State-furnished or State-financedrop e 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 suchro e upon the expiration of this contract unless the Sta otherwise direcshall be tsed to the State 13. If travel is a reimbursable item, the reimbursement for necessary traveling ex ens and per diem shall be at rates set in accordance with Department of Personnel es 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. 14. Prior authorization by the State in writing is required before Contractor will be reimbursed for any purchase order or subcontract exceeding $2, 500 for an supplies, equipment, or services to be purchased by Contractor and claimed for articles, 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. 15. 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. 16. Payments of approved reimbursable costs shall be in arrears and made via the State Controller's Ofce. 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 shall be made within 30 days of State approval of invoices; however, no late payment or interest penalties are applicable to payments not made within this time period. Nothing contained herein shall prohibit advance payments as authorized by Item 2100-101- 0081, Budget Act Statutes of 1999. 17. 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. 18. All invoices and correspondence are to be mailed in accordance with the instructions contained in the "Grant Assistance to Local Law Enforcement Agencies Project Proposal" attached hereto. PROJECT NARRATIVE 1 BA('KGROUN� The City of Redlands, incorporated in 1888, is located in eastern San Bernardino County. T area is the center of one of the fastest growing regions of the United States. In 199 y his Bernardino County recorded an increase in population of more than 26,700; the fifth lar growth rates of all Southern California counties. The City of Redlands has a current o lar est of approximatel, 67, 300, with a total land area of 37 square miles and a 15 mile sphere Population influence. Redlands has the fourth largest population of the surrounding nine comm ere of the second largest in square miles. The City of Redlands is governed by a Council-Manager and is of government. ger form The Redlands Police Department is a full service law enforcement agency officers who are supported by a total of 72 full and part time civilian employees. The currentsworn officer per 1000 population is 1.1. The Department is assisted in its day to day activities by than 110 volunteers in the form of Police Reserves, Chaplains, Citizen Volunteer Patrol m y more Explorers and Juvenile Care Volunteers. The Department consists of two divisions; the Field embers, Services Division and the Community Services Division. The Field Services Division contains three bureaus; Patrol Services, Investigative Services and Community policing. The Field ains Services Division is responsible for the enforcement of all federal, state and local law City of Redlands. The Community Services Division consists of three bureaus; Support en the PP 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, g Since 1994, the Department has worked to adopt and implement a department wide "co Policing" philosophy throughout all of its bureaus. The Department reco nizes themmunity most effthat the ective way to accomplish its mission and goals is to develop community participation ton a partnerships whenever applicable and possible. In early 1998, all members of the Department and received in-depth training in the concepts and implementation of Community Oriented Policing and Problem Solving. g In 1996, the Department implemented an organizational restructuring which resulted in th creation of the Community Policing Bureau (CPB). The CPB has the responsibility for e proactively addressing and solving problems which go directly to the "quality of life" in our community. Since its inception, the CPB has expanded its area of responsibility and has the number of officers assigned. The CPB is currently comprised of; two motor officers grown in two Multiple Enforcement Team officers, three narcotic investigators, one Serious Habitual Offender officer, one juvenile investigator, one community policing investigator, one School Resource Officer, one D.A.R.E. officer and four corporals who staff our 4 store front neighborhood community policing stations. The supervision of the Bureau is assigned to one lieutenant and three sergeants. It is within this bureau that an officer tasked with ABC duties would be assigned. In 1997, the City's Human Services Division merged with the Police Department and became current Community Services Division. This merger allowed several sworn officers to be freed the from administrative tasks and be reassigned to field duties in the CPB. PROJECT NARRATIVE ? PROBLEM STAT M NT The philosophy upon which Community policing is based and the CPB was to assignment of a primary officer to be responsible for the identification and eval acid' stresses the rM and the subsequent development and implementation of rob on of problems specific area of expertise or geographical location. The problem solving activities related to a officers assigned to the CPB to form a readily available pool of re our ces that are used toe other implement problem solving activities. This system has proven to work extremel wet enforcement, narcotic and gang suppression programs and DUI enforcement. y 1 for traffic Historically, the Department's Juvenile Investigator, who is assigned to the C Bureau, has been tasked with conducting Alcoholic Beverage i Investigative Services enforcement programs. This proactive activity has been severely restricted over training and years due to an increase of sexual assault and related investigations which are vthe responsibility epast several the Juvenile Investigator. In mid 1998, an investigator was reassigned to the CPB to Perform rm t of e function of a Juvenile Officer, focusing on those crimes committed by juvenile offend perform the officer was intended to be tasked with all duties related to ABC activities. Since the re err. This Of this officer, he has been continually assigned to duties and investigations that have assignment him from adequately addressing the Department's need in the area ABC traininga Precluded Consequently, there has been little or no proactive work in this area. and enforcement. During the past five years, the City of Redlands has experienced an incr serious alcohol related incidents. Specific areas of concern include; ease in the number of - Contacts with drunk or drugged persons (12% increase, 352 in 1993 to 394 in 199$) - Contacts with drunk or drugged juveniles (37%increase, 28 in 1993 to 38 in 1998 - Traffic collisions involving alcohol (66% increase, 34 in 1993 to 56 in 1998) ) - DUI misdemeanor arrests (124% increase, 160 in 1993 to 358 in 1998) - Fatal traffic collisions (400% increase, 1 in 1993 to 5 in 1998) The City of Redlands straddles the IS-10 freeway with seven streets.portion of IS-10 is a exits onto local surface major feeder route to popular mountain resort areas, as well as to the tss desert and Palm Springs area. This easy access to the city when coupled with the significantupper transient population that constantly travels through the city, explains the high number of al related incidents the Department has to deal with. Located in the city is the University of alcohol Redlands which is a private institution of higher education with an enrollment ni approximately 2000 students. As with any college community, the student population contributeto tnum of alcohol related incidents and violations in the city. e number The City of Redlands currently has 102 businesses with a liquor license, 43 off-sale and 59 on- sale. Of the 13 closest cities to Redlands, which straddle the IS-10 freeway, Redlands has fourth largest number of retail alcoholic beverage licenses. During 1998, members of thethe Department spent a considerable amount of time handling disturbance and related calls in addition to providing preventive patrols and walk-thrus at several of these establishments. One of the r$ PROJECT NARRATIVE single greatest problem locations was the Millennium Club at 13)27 W. Colton Location has historically been a problem for the Department as it frequently nges This particular owners and license holders. _yet does little to prevent ongoing disturbances and violations.names, local establishments with a history of disruptive incidents include Muscle IMike's Other reported in 1998) and the Flamingo Lounge (I 5 reported in 1998), Tavern (10 The Redlands Unified School District and the Redlands Police Department are frequent partners Y in programs designed to deter drug and alcohol abuse. Current programs include: D.A.R.E. Redlands Against Drugs (RAD) and the Police/School Liaison Committee. A recent "Communities That Care" survey was administered to a large number of9t 10th d 1 I th grade students in the district. Results of the survey revealed that approximate) 26% of th 34% of the 10th graders and 43% of the I 1 th graders had used alcohol in the past 30 dah graders vs. The Department also has a partnership with the San Bernardino County Juvenile Probation Department, housing a Juvenile Probation Officer at the Police Annex. The probation officer receives in excess of 50 petitions per month for illegal activities involving local juveniles. The probation officer estimates that two-thirds of these juveniles have experimented with alcohol and many of them are actively abusing alcohol. The Department also houses an adult Drug Court Probation Officer at the main police building. Officers regularly assist her with home visits of Drug Court clients to ensure compliance with the terms of their probation, checking for alcohol and/or controlled substance use. The Department began keeping records on minor decoy("sting') operations in 1994. This program was administered by the Juvenile Investigator as time allowed. Decoys were members of the Department's Law Enforcement Explorer Post. During the past several years, the Department has conducted a number of decoy operations targeting both on sale and off sale businesses in the city. In 1994 attempts to purchase alcohol took place 216 times at 47 establishments with 14 successful purchases. In 1995 there were 204 attempts at 52 establishments with 18 successful purchases. In 1996 the number of attempts dropped to 110 at 35 different establishments with 9 successful purchases. In 1997 there were 141 attempts at 44 establishments with 12 successful purchases. In 1998 the number of attempts again dropped with only 83 attempts made at 44 establishments and 4 successful purchases. The unavailability of an officer to dedicate the appropriate amount of time and energy to decoy operations and enforcement activities has had a significant negative impact on ABC programs conducted by the Department. The reduction in decoy operations and related enforcement activities is exasperated by the fact that the Redlands Unified School District serves five cities as well as unincorporated areas of San Bernardino County. This means the City of Redlands is host to many formal and informal social events that bring many more juveniles into the city than is reflected by our population count. Past efforts to solve problems related to alcohol violations experienced by the city have included both Preventive educational programs as well as proactive enforcement activities. Beginning in the 1995-1996 school year, members of the CPB conducted educational talks with the students at the local high school. Alcohol use and abuse were one of the primary topics discussed in these Presentations. These talks have continued to be presented on an annual basis. The CPB also initiated a mentor program at all levels within the school district in an effort to bring the students i �w 10 ry PROJECT NARRATIVE and officers together to identify, discuss and attempt to resolve issues that place the students While these efforts have been very successful, they have unfortunately diminished over the a risk. couple of years due to the lack of an officer to organize and run the program. p y Past enforcement efforts conducted in the City of Redlands include the minor deco DI I checkpoints, multi-agency DUI saturation patrols, multi-agency an-a and y program cotic suppression programs and the restructuring of department resources for better coordinate i proactive personnel. The Department initiated a Youth Accountability Board which c on of local community members who serve on a board that reviews and dispenses unishmen to first of time non violent juvenile offenders who would otherwise be ignored by the juvenile 'ust cefirst system. The Department also participates in a partnership with the juvenile courts and the Loma Linda University Medical Center. This program allows the court to order a juvenile D UI driver attend a course of education designed to increase the driver's level of awareness to the physical to harm done in alcohol related traffic collisions, rather than issue a fine or other forms of punishment. All of these programs and efforts have been beneficial in mitigating some of the effects of alcohol related violations. However, the fully desired results have never been obtained due to the inability of the Department to assign a full-time officer the duties and responsibilities of; I. Researching the roots causes of the violations 2. Developing intervention type education and enforcement programs that can be used by all units within the Department, and 3. Implementing the educational and enforcement programs on a regular basis. 3, c�S PRO�TF T ffR TFr"rnr t-�sr� 1 Assign one officer to the Community Policing Bureau as the Alcohol Related Crimes (ARC) Investigator. =. To conduct a minimum of 6 minor decoy operations (or as many as necessary) in the City of Redlands, targeting sales of alcohol to minors at ABC licensed establishments, to obt a 95% compliance rate by June 30, 2000 ain 3. To personally inform all the owners of ABC licenced establishments in the City of Redlands of the project and offer education and assistance to ensure that theyompl cwith ABC provisions. y 4. To schedule 4 joint ABG'RPD educational seminars for all retail ABC licensees and their employees. The training will be provided by an investigator from ABC's DEAD program and/or the ARC investigator. 5. To reduce the number of alcohol related traffic collisions by 10°�,, between July 1, 1999 and June 30, 2000. 6. To train all sworn members of the Department in ABC laws and enforcement procedures, i PROJECT NARRATIVE minor decoy programs and DUI investigations, all training to be completed within 3 months of the start of the grant program, T To conduct 6 undercover operations at ABC licensed sales sites in order to identift,those s who may be selling alcohol to already intoxicated subjects and those who may be ' minors. selling to 8. To develop a process by which establishments that served alcohol to identified offenders (DUI arrests, public intoxication, assaults, etc.) are identified and the information provided to the Department's Crime Analyst for mapping and report distribution to ABC for follow up action. 9. To reduce the number of Redlands Unified School District students identified as using alcohol during school hours by 10%, by June 30, 2000. 10. To develop educational alcohol safety/awareness programs in hand- out brochure format and for live presentation, which will be presented to school, community and private groups. A minimum of 12 of these presentations will be made by June 30, 2000, 11. To conduct a minimum of 2 DUI checkpoints in an effort to identify licensed establishment selling to DUI drivers, 11 To develop a liaison to enhance communications and coordination between the Redlands Police Department and the Riverside ABC office by meeting on a monthly basis to discuss existing and planned programs and operations and to ensure the timely receipt of police reports generated in connection with ABC violations, 4. METHOD DE!RaCED_ TRE The Redlands Police Department will accomplish the objectives of the ABC grant through three principle activities. First, the grant will provide different types of educational/awareness and compliance training to all parts of the community, including-, ABC licensed establishments, students, community members and drivers. Secondly, the Department will take enforcement action against ABC establishments and individuals that fail to comply with ABC licensing provisions and other related laws. Thirdly, the Department will implement lines of communication between the Department, ABC, school district, and other local law enforcement jurisdictions to identify ABC licenced establishments which contribute to alcohol related disorderly/disruptive conduct, sales to minors and alcohol related traffic collisions. To achieve these goals, one full-time police officer will be transferred to the Community Policing Bureau as the ARC 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.- high visibility patrols, decoy programs and response to identified problem establishments- The investigator will serve as the Department's liaison to the Riverside PROJECT NARRATIVE ABC office, the Crime Analysis Unit, the District Attorney and other local jurisdictions. Upon notification of the grant award, the project will be implemented as follows: Phase I - Preparation: Upon receiving notification of the grant award, a new patrol officer will be hired and a current officer transferred to the CPB and designated as the ARC investigator. The ARC investigator will establish contact with local ABC representatives and 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. Educational programs will be developed, appropriate filming, brochures and power point computer programs will be completed. These should be completed by August 1, 1999. Phase If- Preliminary Training: The ARC investigator will conduct in-house training for all sworn personnel relating to ABC licensing requirements, relevant laws and issues commonly ommonly related to alcohol violations. All training will be completed following a format and schedule' jointly developed by the Department and ABC personnel. Phase 11 - Implementation: The program will be implemented upon completion of training and receipt of budgeted equipment. Program activities to be implemented include: - Middle/Hioh qnhnn1 Alcohol Awareness Presentiltions - Educational alcohol awareness/safety presentations focusing on the effects, legality and repercussions of alcohol use will be provided to all middle and high school students in the Redlands Unified School District. mmunity Cable TV Live Presentations and Brocbijre Information Pre sentati CPB members will develop and present informational brochures and give live ons presentations dealing with alcohol problems in the community. Undercover i>>vPn,i� ay Operations - Underage police operatives will be sent into targeted locations and attempt to purchase alcoholic beverages including both on-sale and off-sale establishments, - r Hours Buying Operations - Operatives will be sent into targeted locations to determine if ABC licenced establishments are selling alcoholic beverages after 2:00 A.M. - Unlicensed - Operations will be conducted to determine if establishments with suspended ABC licenses or no license are selling alcoholic beverages. - Sales To Intoxicate P M- Officers will monitor on-sale establishments to determine if any are continuing to sell alcohol to persons who exhibit physical impairment due to intoxication, ,Patrol - CPB officers will conduct daily/nightly high visibility patrols on foot, motorcycles, cars or bicycles in the immediate area surrounding ABC licensed establishments. The patrols will be supplemented by regular patrol officers whenever CPB officers are not available. The patrols will provide a high visibility police presence and act as a deterrent to ABC -violations and related crimes. CPB officers will initiate pro-active contacts with businesses as well as take enforcement action on all observed alcohol related violations. All information on problematic ABC licensees will be forwarded to the ARC investigator for follow-up operations and the Crime Analysis Unit for mapping and distribution to all appropriate agencies, BUDGET ESTIMATE (SAMPLE) BUDGET CATEGORY AND LINE-ITEM DETAIL COST A. Personal Services (salaries, overtime, and benefits) {hound all budget amounts to nearest dollar) 1. Salaries 1.0 officer E Step $3,7001mo. 100% $44,-400 $44,400.00 2. overtime Estimate 120 hours @ $31.50 per hour $3,800.00 3 . Employee Benefits Benefits estimated at 29% x $44,400.00 $12,900.00 TOTAL PERSONNEL SERVICES Operating Expenses $61,100.00 B. O P g Decoy operations, undercover operations and narcotic investigations "buy money" . $300.00 TOTAL OPERATING EXPENSES $300.00 C. ,Equipment _h (1) micro cassette recorder and tapes $150.00 (1) digital camera kit and accessories $950.00 (1) pager wire receiver $1,200.00 TOTAL EQUIPMENT $2,300.00 Travel Expense Summer 1999 and Winter 2000 G.A.L.E. meetings - travel - food - lodging $1,500.00 TOTAL TRAVEL EXPENSE $1,500.00 TOTAL BUDGET ESTIMATE ALL`CATEGO S 3: $65,200.00