HomeMy WebLinkAboutReso 2014-063 - Grant from ABC RESOLUTION NO. 2014-063
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE CALIFORNIA
ALCOHOLIC BEVERAGE CONTROL DEPARTMENT
WHEREAS, THE Redding Police Department desires to undertake a certain
project designated as the Grant Assistance Program (GAP) administered by the
Department of Alcoholic Beverage Control (hereafter referred to as ABC);
NOW, THEREFORE, BE IT RESOLVED that the Chief of Police of the City of
Redding is authorized by the City Council to execute on behalf of the City Council the
attached contract, including any extensions or amendments thereof and any subsequent
contract with the State in relation thereto.
IT IS AGREED that any liability arising out of the performance of this contract,
including civil court actions for damages, shall be the responsibility of the grant recipient
and the authorizing agency. The State of California and ABC disclaim responsibility for
any such liability.
BE IT FURTHER RESOLVED that grant funds received hereunder shall not be
used to supplant expenditures controlled by this body.
IT IS ALSO AGREED that this award is not subject to local hiring freezes.
I HEREBY CERTIFY that the foregoing is a true copy of the resolution adopted
by the City Council of the City of Redding in a meeting thereof held on the 17th day of
June, 2014, by the following vote:
AYES: COUNCIL MEMBERS: Cadd,Jones,McArthur, Sullivan, &Bosetti
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
RI K BOSETTI, Mayor
-- t
Attest: - Form Approved:
D O
1 / V
PAMELA N►._.IZE, City rk RICHARD A. DU RNAY, C' Attorney 6�
STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213(Rev 06/03) AGREEMENT NUMBER
14G-LA27
REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCY'S NAME
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
CONTRACTOR's NAME
City of Redding through the Redding Police Department
2. The term of this July 1,2014 through June 30,2015
Agreement is:
3. The maximum amount $40,000
of this Agreement is:
4. The parties agree to comply with the terms and conditions of the following exhibits which airs 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-
®FM -D Special Terms and Conditions.(Attached hereto as part of this agreement) 1 page(s)
Exhibit-D*Special Terms and Conditions
Exhibit E—Additional Provisions page(s)
items shown with an Asterisk(*),are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at www dos ca aov/ots/lresources/StandardContractLanauaoe.asDx
IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto.
CONTRACTOR California Department of General
Services Use Only
CONTRACTOR'S NAME(if other than an Individual,state whether a corporation,partnersBiA,etC:J
City of Redding through the Redding Police Department
BY(Authorized signature) DATE SIGNED(Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
Robert F.Paoletti, Chief
ADDRESS
1313 California Street
Redding, CA 96001
STATE OF CALIFORNIA
AGENCY NAME
Department of Alcoholic Beverage Control
BY(Authorized Signature) DATE SIGNED(Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNINGExempt per. SCM 4.04.{A){3)
Ed Jimenez,Assistant Director,Administration
ADDRESS
3927 Lennane Drive,Suite 100; Sacramento CA 95834
SCOPE OF WORK Exhibit A
Summary:
AgencyDescription: The Redding Police Department(RPD)employs 131 full-time and 19 part-
time employees, down from 172 full-time and 20 part-time in 2008. RPD has four divisions:
Administration, Field Operations (Traffic Unit and Patrol), Investigations, and Services. We
currently have 98 sworn officers (down from• 119 in 2008) and 4 Community Service Officers
(down from a high of 19), including 5 School Resource Officers (SROs). The SROs service 22
Redding schools with a student population of approximately 10,000. We provide law
enforcement services to Shasta College, which has approximately 9,000 students enrolled per
semester. We service an area of approximately 60 square miles. We are the primary agency
responsible for providing municipal law enforcement services to the residents and visitors of
Redding.
RPD is recognized for the development of new and innovative programs to assist in providing
public safety services to our citizens and visitors. We have used grant resources to increase
public safety throughout the region. We currently partner with four school districts to provide
five full-time SROs .to handle juvenile issues in.our local schools. We also contract with our
local junior college to provide law enforcement services. Our Traffic Unit has worked closely
with the Office'of Traffic Safety (OTS) for many years through grants that fund DUI
enforcement operations along with other types of enforcement. Our current OTS grant funds a
full-time DUI officer to combat the high level of alcohol-involved collisions in our city.
SROs provide security for sporting events and dances whenever possible. Our SROs have
recently dealt with numerous minors who have arrived at these events under the influence of
alcoholic beverages. In one recent instance, a student who was a .16.BAC fell fr6m high atop
the bleachers during a football game. The student was transported by ambulance with significant
injuries. Our SROs consistently deal with students who are in possession or are under the
influence of alcoholic beverages on and off campus.
RPD receives a high volume of calls for service*at several alcohol establishments. The
problematic bars have put a strain on our resources, especially on Friday and Saturday nights.
These establishments require constant monitoring by police officers. The officers frequent the
location numerous times during their shifts to prevent more serious problems from occurring.
The calls for service involve loud noise complaints,'littering, vandalism, public intoxication,
underage drinking, fighting in public, domestic violence incidents, batteries, and aggravated
assaults. On a daily basis, RPD responds to calls for service regarding extremely intoxicated
individuals in public streets and public parks. Typically, these individuals are sold alcohol from
off-sale locations.
RPD most recently participated in an ABC GAP grant that ended June 30, 2012. RPD also
participated in the Office of Juvenile Justice Delinquency Prevention (OJJDP),"Enforcing the
Underage Drinking Laws (EUDL) Discretionary Program: Community Trials.Initiative" and
other ABC Grant Assistant Program (GAP) grants in the last several years. Every year, RPD
works in collaboration with the 'Shasta County Sheriffs Office, CHP, Anderson Police
Department, Shasta County Chemical People, and the Youth Violence Prevention Council at a
weeklong camp that promotes alcohol, drug, and gang education to area youth (Shasta Youth
Leadership Camp).
In 2007, Shasta County Public Health conducted a survey of Shasta County teens' use of alcohol.
The average youth begins drinking alcohol at age 13. Fifty-two percent of high school freshmen
and sixty-eight percent of high school juniors have experimented with alcohol. Thirty-three
percent of 10th and l 1th graders reported being "very drunk and sick" after drinking alcoholic
beverages. Ninety-five percent of high school seniors in the U.S. report it is "fairly easy" to
"very easy"to obtain alcohol. In December of 2008, 17-year-old Shelby Lyn Allen died of acute
alcohol poisoning. The Coroner's autopsy report showed that Shelby had a.33 BAC.
The proposed grant administrator for this grant is Officer Luke Blehm. Officer Blehm
previously worked as an ABC Agent in the Redding District Office. Since his return to the
Redding Police Department, he has educated other officers on ABC laws and ABC enforcement
laws. Officer Blehm worked closely with the ABC Special Operations Unit on a Problem-
Oriented Policing project at a local bar, "Johnny's Cathouse." ABC investigators were able to
buy drugs from an employee at the establishment. ABC investigators and RPD officers
conducted a "takedown" of the premises and arrested several subjects for drug sales violations.
This resulted in an administrative action of revocation of"Johnny's Cathouse's" license. The
revocation has resulted in a significant reduction in calls for service for the Redding Police
Department. ABC provides expertise in all facets of alcohol-related issues in Redding. We look
forward to continuing our cooperative liaison with ABC. Our belief is that we will have a far-
reaching effect on the delivery of police services with the advanced training of department staff
and the operational success we can achieve regarding ABC issues.
The impact of this program on the community will exceed the one-year grant period. Continuing
enforcement efforts combined with community and business education will result in increased
cooperation and focused community concern. The training of additional personnel will allow us
to expand this project using existing resources.
Funding Requested: The Redding Police Department requests funding of$40,000.
Goals and Objectives: (1)Identify and target problematic ABC licensed establishments. (2)Use
general enforcement tactics on problematic premises to reduce calls for service and address
alcohol-related crimes. (3) Assist outside jurisdictions with alcohol-related problems. (4) Use
enforcement to reduce access to alcohol by underage drinkers. (5)Educate the public and alcohol
premise owners/employees and train department employees on alcohol-related enforcement
procedures. (6) Issue media press releases on grant activities conducted during the grant period.
(7) In an effort to curb minors' drinking, we will provide education to Shasta Youth Leadership
Camp and to the 22 schools RPD services, specifically educating minors about the dangers of
alcohol consumption.
Number of ABC Licensed Locations: There are 285 ABC-issued retail licenses in Redding. Of
those, 114 are off-sale alcohol licenses and 171 are on-sale licenses. This is up from a total of
259 licenses in 2010.
Exhibit A
Problem Statement:
Redding's population is approximately 90,000, covering approximately 60 square miles.
However, as the cultural, economic, and recreational "hub" city of the far north state, Redding's
daily population can exceed 125,000. Redding has several parks and trail areas along the river
and adjacent to schools,which are posted by local ordinance for"no alcohol possession."
The City of Redding hosts several major events throughout the year, such as Kool April Nites
Cruise and Car Show, the Rodeo,the Freedom Festival,Marketfest,Big Bike Weekend; and the
Air Show,with crowds numbering in the•tens of thousands. Sales and consumption of alcohol at
these special events creates significant enforcement issues.
Despite the resident population and high-volume of visitors, our region is geographically
isolated. For economic reasons,our city experiences significantly high levels of drug and alcohol
abuse. We have a disproportionately high number of alcohol-related establishments for our
population. The volume of calls for police services has increased. Citizens have become
increasingly vocal, expressing their concern about the negative impact of juvenile alcohol abuse
and the quality of life in our community.
Problem Premises:
RPD routinely responds to four problematic bars near closing time to-ensure orderliness; enforce
alcohol and penal code violations, handle calls for service, and prevent DUIs. RPD actively
works with ABC to report violations and document disorderly conduct incidents at these licensed
premises.
Alcohol/M issues:
• 2013-officers arrested 398 suspects for DUI
• 2013-officers investigated 104 DUI traffic collisions
• 2013-officers arrested 989 suspects for public intoxication
• 2013-officers arrested 1103 suspects for alcoholic drinking violations
Prosecution Efforts:
Iii keeping withthe corzununity's concern'and its zero:tolerance philosophy, the Shasta County '
District Attorney's Office aggressively prosecutes those who violate the law(offenses occurring
at alcohol establishments, persons arrested for DUI, persons who sell or furnish alcoholic
beverages to minors, etc.). The District Attorney's Office has participatedin community efforts
to educate the public regarding teen drinking and has worked with the media to discourage youth
access to alcohol.
Proiect Description:
Goals:
Educate the public through media releases and ongoing contacts with premise owners and
employees,including the DEAD (License Education on Alcohol and Drugs)program.
• Use general enforcement and investigative tactics on problem premises.
• Reduce calls for service at problem premises by a least 10%.
• Reduce crime at alcohol establishments via enforcement&education.
• Travel to other law enforcement jurisdictions to assist . with ABC
investigations/enforcement of problem premises as needed.
• Reduce minors' access to alcohol through ABC enforcement, including minor decoy and
shoulder-tap operations, SRO education in the schools and at Shasta Youth Leadership
camp.
• Train officers on alcohol-related issues and ABC enforcement procedures.
• Maximize manpower resources through cooperation with allied agencies.
Obiectives•
• Conduct 12 general enforcement operations on problematic and non-problematic bars.
• Use plain-clothes and uniformed officers to enforce ABC compliance and reduce
violations in bars.
• Work with ABC to ensure that problematic establishments are meeting the conditions of
their license.
• Link this grant with the DUI grant to determine the point of last sale from DUI offenders
and report back to the bar owners to further educate them to reduce DUIs. Coordinate
efforts with the Shasta Co. Sheriffs Office and CHP.
• Continue to forward offense/arrest reports involving licensees to ABC.
• Conduct a minimum of 6 minor decoy and 6 shoulder tap operations at off-sale
establishments that are known (by analysis or intelligence) to provide alcohol to minors
(pursuant to standard ABC and EUDL guidelines).
• Provide regular roll call training on alcohol-related issues for all sworn personnel.
• Schedule and coordinate one LEAD class for bar owners/employees or any other licensee
to attend.
• Conduct joint operations with ABC to maximize resource effectiveness.
• Increase the enforcement of underage drinking laws to reduce underage drinking.
RPD will evaluate the effectiveness of the program and the level of compliance of ABC
regulations on an on-going basis by monitoring calls for service and reviewing statistical data.
We believe pro-active enforcement techniques (ABC strategies, education, community
partnerships, and training) will reduce calls for service at problematic premises and lower the
availability of alcoholic beverages to minors.
Proiect Personnel:
Enforcement operations will be assigned to the Field Operations and/or Investigations Divisions.
A Sergeant and a Lieutenant experienced in operations supervision will provide program
oversight. Officer Blehm, who is a former ABC Agent, will conduct day-to-day operations. The
department's SROs will be used to implement many goals of the grant. They will work closely
with the Shasta County District Attorney on prosecution efforts associated with enforcement
activities. The department's statistician will monitor results and statistical data in order to track
enforcement results. The department's management analyst will analyze data and performance
results in order to prepare progress reports and financial statements.
Plain-clothes operations at bars will include a minimum of three officers. Uniform operations at
bars will include two uniformed officers supervised by the on-duty Supervisor. Minor
decoy/shoulder tap operations will include two cadets and two officers. Training on standard
ABC operational protocols and procedures will occur prior to operations. RPD will attempt to
maximize training by rotating officers through the assignments.
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 Part-time Cadets: $10.06/hour 1,932
Part-time Statistician$26.63/hour 320
A.2 Overtime Police Officer Average Overtime Rate$70.00/hour 31,500
A.3 Benefits (rates vary by position, straight time and overtime) 500
TOTAL PERSONNEL SERVICES 34,252
B. Operating Expenses (maximum $2,500)
Decoy and Shoulder Tap Buy funds 1,248
TOTAL OPERATING EXPENSES 1,248
C. Equipment(maximum $2,500)
(Attach receipts for all equipment purchases to monthly billing invoice)
2 Cameras @$270 each plus tax and shipping 600
6 memory cards @$22 each plus tax and shipping 150
2 ipads @ $800 each plus tax and shipping 1,750
TOTAL EQUIPMENT 2,500
D. Travel Expense/Registration Fees (maximum $2,000)
(Registration fee for July 2014 GAP Conference attendee is $225 each)
Registration fees for two Officers to attend the 2014 ABC GAP conference 450
Travel and Per Diem 1,550
TOTAL TRAVEL EXPENSE 2,000
TOTAL BUDGET DETAIL COST,ALL CATEGORIES 40,000
PAYMENT PROVISION Exhibit B
Page 1 of 2-
L' INVOICING AND PAYMENT: Payments of approved reimbursable costs (per Budget Detail
attached) shall be'n 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-
141-3036, Budget Act, Statutes of 2014.
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.cannot 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$2,50Q 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 fiirnish
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 1/19/14
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 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 adequate funds are
appropriated in Item-2100-101-3036,-Budget Act of 2014,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 www.ols.dizs.ca.gov/standard+langqW.
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 1/10/14