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HomeMy WebLinkAboutState of CA Dept of Alcohol Education Abuse Enforcement Education FY15_ eOmun¿ C. Smwn Jr.. DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL 3927 Lennane Drive, Suite, 100 Sacramento, CA 95834 (916) 41 9-2500 August 8,2014 Chief Jerry Dyer Fresno Police Department 2323 Mariposa Mall Fresno, CA 93721 Subject: Contract l4G-L409 Dear Chief Dyer: Please find enclosed an approved copy ofthe above referenced contract entered into between the Department of Alcoholic Beverage Control and the Fresno police Department in the amount of $70,000. If you have any questions, please feel free to give me a call at (916) 4lg-2572. Sincerely, L- Suzanne Pascual Grant Coordinator Enclosure cc: captainAndrew Hall, Project Director (no enclosure included) * 14-13Ç STATË OF CALIFOiNIA STANDARD AGREEMENT STD 213 (Rev 06/03) This Agreement is entered into between the state Agency and the contractor named below: AGREEMENT NUMBER r.4G-L409 o{o l. Fo -q o() r_O ozU)rri(r I LL , O STATE AGENCY'S NAIì/lE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL CONTBACTOH'S NAME City of Fresno through the Fresno Police Department 2. The term of this Agreement is: July I,2OL4 through June 30, 2015 3. The maximum amount of this Agreement is: $ 70,000 4. The parties agree to comply w¡th the terms and conditions of the following exhibits which are by this r€ference made a part of the Agreement. Exhibit A - ScoPe of Work 4 page(s) 3 pagds) GTC 610 Exhibit B - Budget Detailand Payment Provisions Exhibit C* - General Terms and Conditions Check mark one item below as Exhibit D: lE| exf¡¡O¡t - Aüached hereto as part of this agreement) I ll I exrr¡¡it -t-l Exhibit E - Addi 1 page(s) page(s) Items shown with an Asterisk fl, are hereby incorporated by reference and made part of this agreement as if attached hereto' These documents can be viewed ¿¡ www.dgs.ca.gov/ols/Besources/StandardContractLanguage.asPx lN WITNESS WHEREOF, this Agreement has been executed by the parties hereto' CONTRACTOR CoNTRACTOR',S NAME (¡f other than an indiv¡duaL state whelher a corporat¡on, paftnersh¡p, etc') City of Fresno through Fresno Police Department BY (Authoilzed 6 PRINTED APPROVED AS TO FOR Jeny Dyer, ADDRESS 2323Mariposa Mall Fresno, CA 9372L AGENCY NAME De BY (Authoilzed ADDRESS BY: DEPUTY STATE OF CALIFORN¡A of Alcoholic Beverage Control Assistant 95834 Calilornia Department of General Services Use OnlY [l Exempt per: SCM 4'04.(AX3) r, Administration 392J l+rynane Drive, Suite 100; Sacramento CA Exhibit A SCOPE OF WORK 1. Summary (a.) Agency Description itr" Ei.rnó po[ce bepartment consists of 910 employees. Currently there are 698 swom and2l2 non-swom personnel,-not including approximately 61 volunteers. The members of the Fresno Police Departmeni are ateamof dedicated public servants who care about the community they serve and strive to serve with honesty, compassion and respect. Their overall mission is to enhance safety, service and trust within our colnlnunity. The Fresno Police Department is a model law enforcement agency and has received national accreditation through the Comrnission o Eäforóement Agencies (CALEA). Accreditation by this organization is a of law enforcement excellence. The Fresno Police Department is the largest nt agency in California to receive accreditation status. The Fresno Police Departrnent is organized into ıur divisions: patrol Division, Investigative Services Division, Support Division and the Professional Standards Division. Fresno County encornpasses 6,017 square miles and by geographic size, it is the sixth largest county in California. The County's largest urban area, located in the center of the county is the City of Fresno. Fresno is the fifth largest city in the State of California, spanning I 12.3 square miles with a population of over 509,000 people. Adding to the general population is a signifìcant amount of .rrrào.u-"nted workers. The racial dernographic of the city is 30o/o Cattcasian, 8.30lo African American, 12.6% Asian, 46.9% Hispanic and2.0%o other. Unemployment rates in parls of the Valley are close to 12%o. High unernployment rates have affected the economic stability of Fresno and surrounding areas. Cınsequently, poor economic conditions perpetuate criminal activity, including alcohol-related ones. There are 1,054 alcohol licensed premises within the City of Fresno (517 on-sale and 537 off-sale)' The Fresno Police Departnrent acknowledges and stresses the significance of issues related to alcoholic beverage education, enforcement and abuse prevention. (b.) Funding Requested: Similar to other iaw enforcement agencies, the Fresno Police Department has been facing challenges brought on by cument economic conditions. This has resulted in the Depatlment irnplementing significant oiganizational changes to meet community needs with fewer resources. Over the past few y"-u.s, the Freino police Depaftment has experienced a significant reduction in the number of civilian personnel and until recently, had been holding. sworn officer þudggtary impacts. Unfortunately the recession has placed addìtional c ent's ability to address alcohol related issues within the community and we t on grant funding. The Fresno Police Department is requesting $100,000 thrÒugh the Grant Assistance Progranr in order to accornplish the listed goals and objectives. (c.) Goals and Objectives: òuring the projeci dates, the Fresno Police Deparlment would like to provide education and enforcernent to meet our stated goals and objectives, Our goal is to increase alcohol awareness by educating officers, licensees and the comn'runity, and to hold licensees accountable. This can be accompllshed by attending Roll Call Training Sessions within the different dìstricts, Exhibit A SCOPE OF WORK meeting with district pOp Detectives and School Resource Officers, providing education to the public, licenseãs and their employees, conducting IMPACT Inspections, DUI educational checkpoints, conduct ROSTF op"tJtionr and undercover operations (Minor Decoy, Shoulder Tap, Trap Door, Bar Watches and more). 2. Problem Statement A significant problern within the City of Flesno is the availability of alcoholic beverages to the under age louth in our community. There is a high concentration of on-sale and off-sale licenses per capita within the City of Fresno. Disorderly conduct related to the consurnption of alcoholic beverages continues to be a concem in our comrnunity, especially at night clubs. A nurnber of n being disorderly, disruptive-and hãve generated an inordina patrol officers resultingin cominunity concerni. Several of these lo ation and as a result, ilirt of th" top 10 problematic on-sale premises within the City of Fresno was created. It was deten'ined that over 350 ıalls for service were generated at these locatipns over the past year. These calls consisted of parl 1 offenses including homicide, aggravated assaults (with and without weapons), robbery and sexual assault. Other calls for servic and physical disturbances often tímes involving intoxicated patrons. Postur patrons also generated calls for service due to the involvemeni of gang membe esources have been drained in an effort to combat these alcohol related calls for service. Due to the continued partnership between the local Alcoholic Beverage Control office and the Fresno Police Departtnent, some of these businesses had their alcohol license suspended, revoked or paid a fine in lieu of a suspension. Fresno hosts a large number of sporting and entertairunent venues throughout the year that attract hundreds of thousands of people. Theqe large venues are held at the Savemart Center, Chukchansi park, Woodward Park, SeitanO Arena, Saroyan Theater, and the Fresno Fairgrounds (to narne a few) and alcoholic beverages are sold at all ofthese events' The Greek Comrnunity at California State Univerbity Fresno has over 1,000 men and women in Fraternities and Sororities. CSU Fresno also has residence halls and apartments that are walking distance from the campus and licensed premises. Binge drinking and keg parties are still very much a part of the social atmoiphere surrounding college students, but these issues are becoming more .o-,oo1with teenageri as well. In2013, there were 7l .alcohol related anests within a one mile radius of the CSU campus. There are four school districts located within the City of Fresno with over 100,000 enrolled students. There are over 17 high schools, including continuation schools. The City also has three main colleges that had app d the fall semester of 2013. The Fresno Police Department to a total of 396,555 calls for service in 2013, of which 5943 ords also indicate tha| l4Q4 of these alcohol related calls were within a ll2 nile radius of a high school' Exhibit A SCOPE OF WORK Sales of alcoholic beverages to rninors and furnishing alcoholic beverages to minors retnain among the top alcohol related concerns of the community and law enforcement. Under cover operations conduited by the Fresno Pòlice Department have shown that licensees will sell alcohol to lninors. They have also shown that adults will frequently purchase alcoholic beverages for minors. Continued efforts are made to infonn and educate licensees and the public against selling alcohol to minors. Although The Fresno Police Department has been nationally recognized for its efforts in attempting to combaiDUl's, it remains a major challenge for the Depaftrnent. In 2013, there were 314 DUI collisions, 83 DUI injury collisions and 6 fatalities resulting frorn DUI collisions. The Fresno Police Department conducted 63 DUI educational checkpoints, 16 DU ontinuous baiwatch operations this past year. A total of 2693 individuals under the influence of alcohol within the City of Fresno. In addition, 51 ' es for first time DUI offenders were conducted by the Department's Traffic Safety Section, with 1773 attendees. 3. Project DescriPtion Goals and Objectives: . Attend a minimum of 20 Roll Call Training Sessions. The sessions will include all four policing districts, Traffrc Safety Section and Resewe Officers. The training will provide infomration specifìc to retail operating standards, the ABC administrative process, inspection privileges, and the TRACE program. Officers will be instructed to route alcohol related incident reports electronically to the ABC Coordinator/Liaison Officer' . Attend All New Officer Orientations. Provide newly hired officers with a foundation of lmowledge specific to problems with ABC licensed prenises. Officers will be instructed to document all relative infonnation as well as how to route alcohol related reports to the ABC Coordinatoriliaison Officer. . Meet with the District POP Detectives Monthly. The ABC Coordinatot will work closely with the district POP Detectives to collect infonnation on probletn licensed locations. A collaborative effort will be made to assist in addressing specific problems related to licensed premises in the districts. ABC Agents and other City personnel (ie: Code Enforcement, Fire, Planning, etc.) who may have additional information/insight to contribute will also be invited. . Meet with School Resource Offlicers Quarterly. The ABC cootdinator. will coordinate joint efforts with the School Resource Officers to exchange infonnation about alcohol telated problems in and around the school campuses' . Work with the Traffic Safety Division in Educating the Comrnunity and Students about alcohol related issues. The ABC Coordinator will attend community functions and events as well as assist with six "Decisions For Life" classes' . Host a Minimum of 5 LEAD's Training Sessions for Licensees and their Employees. Ernphasize the Fresno Police Departrnent's working partnership with ABC and their collaborative proactive role in alcohol related education, prevention and enforcement. . Conduct IMPACT/ROSTF inspections. Visit 10 licensed premises a month. . Conduct a Minimum of 20 Minor Decoy Opelations at a minitnum of 200 licensed premises during the grant period. . Conduci a minimum of l0 Shoulder Tap Operations at a minimum of 30 licensed premises during the grant period. Exhibit A SCOPE OF \ryORK . Conduct minimum of l0 operations at major events/venues within the City of Fresno such as the savemart center' rhe Big iËitrffiåT:ï#s center' etc' . operations addressing drinking in public at off-sale premises. . Conduct a minimum of 5 trap door operations' . Assist at a minimum of 6 DUI checkpoints' . Iáentify the Top 10 problematic Licensed Premises within the City. Identify the top 10 problern licensed premises citYwide. . Conduct a Joint Task Force Operation in each of the 4 districts. Working with the district POP o.t..iiu.r, prepare a remises and address issues utilizing rnultiple ugs,r.i., (óä¿. gnfor State Lottery, BOE, Etc.) . Conduct 20 General de' 4. Project Personnel The Fresno police Department will assign Detective Janette Olson as the full tirne Project Coordinator. Detective Olson has been ãn Officer with the Fresno Police Department for 13 yrs and ñù;;;ih;tioject Coordinator during the previous GAP Grant. She has attended the'past GAP Grant conference and has an established working relationship with the local ABC staff. Deteciive olson has experience in conducting ABC operations. _captain.Andrew Hall, commander of the Traffic Bureáu, willbe the projectãirector. sergear t Dave Gibeault will monitor Detective olson's daily activity. The p".ronn.l ãssigned to assist Detective Olson in conducting operations will be ;;;i;"r qruíif,.d ofhcers t'om throughout the depafttnent, including reserve officers if needed/available. Detective Olson works closely with the Consumer Protection Division of the District Attonrey's Office. This division often tiines seeks civil penalties frorn licensees' The District Attorney also prosecutes those who sell/furnish alcohol to minors' Detective olson has been working as the Fresno Police Department's ABC Coordinator the past fiscal ,t"c"tsury to maintain an ongoing working' n working with ABC Agents to monitor and a need to continue this collaborative effort with accountable for their illegal activities. With over me of alcohol related calls for Police service, there e education, prevention and enforcernent of ABC laws within the CitY of Fresno' Grant funding will also allow Detective Olson with the Departtnent's Traffic Bureau in an effoft to combat DUI driving and unity on the dangers of impaired driving. The Department's approach towãrds pers ty and its aggressive response to impaired driving is nationally recognized' Exhibit B BUDGET CATEGORY AI\D LINE.ITEM DETAIL COST (Round budget amountsA. Personnel Services (stra time salaries, overtime, and benefÌts) 4.1 Straight Time 2080 hours A..2 Overtime .4..3 Benefits maximum 307o H&W, Medicare, Pension $68,350 TOTAL PERSONNEL SERVICES s68,350 B. Operating Expenses (maximum $21500) Buy money for shoulder tap operations.77s.O0 TOTAL OPERATING EXPENSES 775.O0 C. Equipment (maximum $2,500) (Attach receipts for all equÍpment purchases to monthly bitting invoice) TOTAL EQUIPMENT D. Travel Expense/Registration Fees (maximum $2,000) (Registration fee for July 20I4GAP Conference affendees is $225 each) 1 Officers to attend conference @$225 Travel, per diemr lodging for July GAP conference $22s.00 $6s0.00 TOTAL TRAVEL EXPENSE 87s.00 TOTAL BUDGET ESTIMATE, ALL CATEGORIES $70,000 PAYMENT PROVISION Page I of2 Exhibit B INVOICING AND PAYMENT: payments of approved reimbursable costs (per Budget Detail tate Controller's Office. Invoices shall be rmat specified by the State. Failure to submit relieve the State from obligation of payment' epartment acceptance of Contractor f an undisputed invoice, whicheve( occurs e payments as authortzedby Item 2100- 101-3036, Budget Act, Statutes of 2014' Revisions to the .,Scope of Work" and the "Budget Detail" may be requested by a change request letter submitted by the Contractor' If Assistance Scope of Work and/ot Budget Det nts bearing those names. No revision cannot excee( l' The toial amount of the contract must remain unchanged. contractor agrees to refund to the State any amounts claimed for reimbursement and paid to Contraçtor which are later disallowed by the State after audit or inspection of records maintained bY the Contractor. only the costs displayed in the "Budget Detail" are authorized for reimbursement by the State to contractor under ihi, ugr""-ent. A;y other costs incurred by contractor in the performance of this agreement are the sole responsibility of Contractor. Title shalt be reserved to the State for any State-furnished or State-financed properly authorized by the state this agreement. contractor is responsible anY such propefy' Inventory records shal tate upon request' All such ;r;t ay shall be returned to the State upon the expiration of this contract unless the State otherwise directs. 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 comparu6. "tu.r"s of state employees. No trav^el 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' 1. 2. 3. 4. 5. 6. PAYMENT PROVISION Page2 of 2 Exhibit B 7. prior auÍhorization 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 ,"*i"6 to be purchased by Contractor and claimed for reimbursement. Contractor must justiff the necessity fòr the purchase and the reasonableness of the price or cost by submitting three competitive quotations or justiffing the absence of bidding. B. prior approval by the State in writing is required for the location, costs, dates, agenda, instrucìórs, instructional materials, and attendees atany reimbursable training seminar, workshop or conference, and over any reimbursable publicity or educational materials to be made u.t ãilubl. for distribution. Contractor is required to acknowledge the support of the State whenever publicizing the work under the contract in any medi . g. It is understood between the parties that this contract may have been written before ascertaining the availability of appropriation of funds, for the mutual benef,rt 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. BIIDGET CONTINGENCY CLAUSE - It is murually agreed that if the Budget Act of the current year andlor any subsequent years covered under this Agreement does not appropriate sufficient funds for thã prog.u-, this Agreement shall be of no further force and effect. In this event, the State shall have ño tiability to pay any funds whatsoever to Contractor or to furnish uny oih", 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 progru-Jhe Staie shall Lave the option to either cancel this Agreement with no liability ãr.i.rittg to the State, or offer an ug."e-ent amendment to Contractor to reflect the reduced amount. Updated l/10/14 L. Exhibit D Special Terms and Conditions Disputes:.Any dispute concerning a questi is not disposed of by agreement shall be decided Beverage Control, or designee,'who shall r otherwìse furnish a copy thereof to the Contr all 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 shallbe final and conclusive unless determined by a court of competent jurisdiòiion to have been fraudulent, capricious, arbitrary, or so grossly erroneous as äecessarily to imply bad faith, or not supported by substantial evidence. In connection with uny upprui pro..èd-ing under this clause, the contractor shall be afforded an opporttlnity to Ue-neãi¿ unã to offer évidence 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. Termination Without Cause: Either party may terminate this agreement at any time for any ,..*" "p"" ten (10) days written notice. No penalty shall accrue to either party because of contract termination. Contract Validity: This contract is valid and enforceable only if adequate funds are ,pp.p".trd in item 2100-10l-3036, Budget Act of 20L4, for the purposes of this program. Contractor Certifications: By signing this agreement, Contractor certifies compliance with tt. pt*irions of CCC 307, Standard Contractor Certification Clauses. This document may be viewed at www.ols.dgs.ca.gov/standard+language. 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. 2. 3. 4. 5. '1 il Updated lll0l74