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'CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: Police
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Subject: Resolution of the Mayor and
Common Council of the City of San
Bernardino authorizing the Police
Department to accept the grant for the
California State University Partnership
from the State Department of Alcohol
Beverage Control in the amount of
$50,000.
From: Garrett W. Zimmon
Chief of Police
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Date: December 18, 2002
Synopsis of Previous Council Action:
November 25, 2002
Grant Committee recommended for approval.
Recommended Motion:
Adopt Resolution
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Contact person: Donald Soderbloom
phone- ::lR4-57R5
Supporting data attached:
ves
Ward: all
FUNDING REQUIREMENTS:
Amount: $ none
Source:
Finance:
Council Notes:
'i2h-so .s!--ZCXYO>)'34
J {iIf D3
Agenda Item No. ~
STAFF REPORT
SUBJECT:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing
the Police Department to accept the grant for the California State University Partnership
from the State Department of Alcohol Beverage Control in the amount of$50,000.00.
BACKGROUND:
On November 15, 2002, the San Bernardino Police Department received a letter from the
Department of Alcohol Beverage Control informing our agency of the ABC grant for
California State University Partnership. In partnership with ABC, the California State
University (CSU) System had identified eight other campuses to participate in a specific
program designed to address student alcohol abuse. Within the City limits of San
Bernardino is CSU San Bernardino. The grant will support joint enforcement efforts to
reduce underage drinking and youth access to alcohol.
The "B" Team area commander and staff will combine efforts with the Vice Unit to
conduct the enforcement programs including DUI checkpoints. CSU San Bernardino has
a student enrollment of approximately 20,000 students. 1,200 students live in student
housing. The fraternities and sororities are off campus and are normally in a single
detached residence near the university. There are approximately 347 ABC licensed
premises in the City. There are approximately eight bars within five miles of the campus
and several gas stations and min-markets where alcohol is accessible to students. Due to
thousands of students that commute to the University, the scope of our enforcement will
encompass random checks as well as citizen complaint information and calls for service
that will identify problem premises.
We will be joining with CSU San Bernardino Police to provide some educational
opportunities to the students. Our department will reach out to the District Attorney's
Office and local judges to explain the program and to provide insight that will hopefully
result in cases being filed with serious consequences to those students and/or business
owners or clerks that are in violation. Additionally, the University will levy its own
discipline for students apprehended for alcohol violations.
The $50,000 grant is primarily for overtime for increased enforcement in the areas related
to CSU student alcohol abuse. A portion of this money ($2,500) can be used to purchase
needed equipment (1 digital camera, 1 extra battery, 1 battery charger, 1 pack of CD
ROM, 1 PAZ device and 1 case PAZ mouthpieces). The second portion ($2,500) is for
travel expense/registration fees for two ABC grant conferences. The first is scheduled for
January 14th through 16th, 2003. The second will be held around June 2003. The grant
period is from January 2003 through May 31, 2004.
The San Bernardino Police Department Vice Unit has established a very good working
relationship with the Department of Alcohol Beverage Control-Riverside office and is
experienced in a variety of alcohol enforcement programs. Investigations that will be
conducted as part of the grant are decoy programs, shoulder tap programs and
miscellaneous other ABC investigations that focus on compliance by the ABC licensed
premIses.
The decoy program is designed as an enforcement tool for those businesses that are not in
compliance with ABC laws. A detective and a minimum of two patrol officers commonly
operate a decoy program. The decoy is a citizen volunteer, age 18 to 19 years. ABC
licensed retail outlets, such as gas stations, liquor stores and mini-markets are randomly
selected. The decoy will enter that business and attempt to purchase an alcoholic
beverage such as a 12-oz. bottle of beer or a six pack of beer, and an undercover officer
will act as a witness. The undercover officer also acts as close cover for the decoy. If the
sales clerk or business owner sells an alcoholic beverage to the decoy, the undercover
officer will notify the assisting officers (the arrest team). The sales person arrested will
receive a citation at the scene.
A "shoulder tap" program also requires one detective and a minimum of two patrol
officers. The decoy (age 18 to 19 years) will stand in front ofa business where alcohol is
sold. An undercover officer will act as a witness and as close cover for the decoy. The
decoy will solicit patrons entering the business to see if they will purchase an alcoholic
beverage for them. If a citizen commits the violation by purchasing an alcoholic
beverage for the decoy, that citizen is placed under arrest. Again, a citation is issued to
that person at the location of the violation. The decoy program allows the Department of
Alcohol Beverage Control to investigate the violation often resulting in a suspension of
the business' ability to sell alcoholic beverages during specific periods of time. The
"shoulder tap" program is an enforcement tool and an education tool for the public.
On November 25th, 2002, the City Grants Committee recommended the department
submit a letter of interest to ABC requesting $50,000 in state funding. On November 26,
2002, we were advised that our application has been accepted pending approval from
ABC's Department of General Services Legal Unit and a Resolution from the Mayor and
Common Council ofthe City of San Bernardino.
FINANCIAL IMPACT:
The grant funding is primarily for overtime to be used for undercover enforcement
programs. The overtime is to be spread out evenly over the period of the grant. The
grant, which is January 2003 through June 2004, is a reimbursement grant. There will be
no cost to the City over the amount of the grant.
RECOMMENDATIONS:
Adopt resolution.
ABC GRANT
Budget Narrative
OVERTIME
$45,500 in overtime is for undercover ABC operations consisting primarily of decoy and
shoulder tap programs. The team will consist of one sergeant (P-3) and three patrol level
officers( P-I). This amount will allow for 216 team overtime hours or twelve hours of
programs per month over the eighteen month grant period.
MEETINGS & CONFERENCES
The Project Director and an officer assigned to the grant program will attend the January
ABC Grant Training Conference. This conference is a valuable training experience in
ABC issues and will be an excellent opportunity for the officers from all the ABC grant
agencies to meet and share information. A second conference, held in June or July, will
be attended by one officer to get any update information. The costs for both conferences
will be $2,250.
MISCELLANEOl is EQUIPMENT
$2,250 has been budgeted for two items and accompanying peripherals that will assist the
team in conducting alcohol-related investigations. One is a digital camera for proper
documentation of persons and locations at the time of the investigations. The second is
the Paz device. This is a hand-held device which a person blows into so officers can
determine his blood alcohol level.
ABC GRANT
Line Item Budget
5015 Overtime $45,500
P-3 @ 60.07 X 216 hrs.
(3) P-1 @ 140.97 X 216 hrs.
5132 Meetings & Conferences 2,250
5111/5704 Miscellaneous Equipment 2,250
TOTAL
$50,000
1
RESOLUTION NO.
o
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CIT
OF SAN BERNARDINO AUTHORIZING THE POLICE DEPARTMENT TO ACCEP
THE GRANT FOR THE CALIFORNIA STATE UNIVERSITY PARTNERSHIP FROl\
THE STATE DEPARTMENT OF ALCOHOL BEVER~GE CONTROL IN THE
AMOUNT OF $50,000.
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5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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Section 1. The Mayor of the City of San Bernardino hereby authorizes the Polic
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Department to accept the grant for the California State University Partnership from the stat
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department of Alcohol Beverage Control in the amount of $50,000. The agreement outlining th
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Police Department's participation is attached.
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III
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BCL:S:\Council\A.BC Grant ResQ.doc
1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA'"
BERNARDINO AUTHORIZING THE POLICE DEPARTMENT TO ACCEPT THE
GRANT FOR THE CALIFORNIA STATE UNIVERSITY PARTNERSHIP FROM TH
STATE DEPARTMENT OF ALCOHOL BEVERAGE CONTROL IN THE AMOUNT 0
$50,000.
2
3
4
5
I HERBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an
6
Common Council of the City of San Bernardino at a
meeting thereof, hel
7 on the day of
8 Council Members: AYES
9 ESTRADA
10 LONGVILLE
11 MCGINNIS
12 DERRY
13 SUAREZ
14 ANDERSON
15 MCCAMMACK
16
17
,2003, by the following vote, to wit:
ABST AIN
ABSENT
NAYS
CITY CLERK
The forgoing Resolution is hereby approved this _ day of
,2003.
18
19
20
Judith Valles, Mayor
City of San Bernardino
21
Approved as to form
22 and legal content:
23 JAMES F. PENMAN,
City Attorney
24
25
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By: \b 1~~ ."J
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A
BCL:S:\CounciI\ABC Grant ResQ,doc
STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213 (Rev 09/01)
AGREEMENT NUMBER l
02PTS-04
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
San Bernardino Police Department through the City of San Bernardino
2, The term of, this January 1 2003 through June 30, 2004
Agreement IS: "
3, The ~aximum amount $ 50 000.00
of this Agreement IS: '
4, The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made
a part of the Agreement:
Exhibit B - Payment Provisions
Exhibit C * - General Terms and Conditions
- I page
- 2 pages
Exhibit A - Scope of Work
- GTC 201
Exhibit D - Special Terms and Conditions
- 3 pages
- I page
Exhibit E - Budget Detail
Items shown with an Asterisk (*J are hereby incorporated by reference and made part of this agreement as if attached hereto,
These documents can be viewed at www.drs.ca.~ov/contracts
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR
California Department of General
Services Use Only
CONTRACTOR'S NAME (If olher than t1n individfUII, Slale whether a corporation, partnership, etc.)
San Bernardino Police Department through the City of San Bernardino
BY (Authorized Signalu<<) I DATE SIGNED (Do "0' t)pe)
PRINTED NAME AND TJ1LE OF PERSON SIGNING
ADDRESS
STATE OF CALIFORNIA
AGENCY NAME
Department of Alcoholic Beverage Control
I DATE SIG
If '
PRIN D
Jer y
ADDRESS
'l1l10 Rosin Court, Suite 150
cram en to, CA 95834
o Exempt per
Exhibit A
Scope of Work
Contractor agrees to implement the Department of Alcoholic Beverage Control (ABC)/
Office of Traffic Safety (OTS)/ Califomia State University (CSU) Partnership, a program
that targets the enforcement of underage drinking laws and policies and to reduce alcohol
consumption by CSU students. Enforcement strategies will be based on environmental
scans being completed by the CSU Chancellor's Office of campuses and surrounding
communities in order to identify the nature and scope of alcohol-related problems. Once
the specific problems are identified, proven enforcement strategies will be coordinated
with Contractor and campus security through enforcement
ABC enforcement programs that focus on underage drinking and sales to minors will be
utilized, such as Licensee Education on Alcohol and Drugs (LEAD), Grant Assistance
Program (GAP), Informed Merchants Preventing Alcohol-Related Crimes and
Tendencies (IMPACT), and Decoy Shoulder Tap Program. In addition, Contractor
agrees to the following goals:
. To establish and implement a coordinated effort between ABC and CSU.
. To increase enforcement of underage drinking laws and policies.
. To expand the involvement of addressing the problem of student alcohol abuse.
. To reduce the access to alcoholic beverages by underage students.
. Do conduct DUI checkpoints.
Exhibit B
Payment Provisions
1. Contractor recognizes that funding for the California State University Prevention
Partnership is contingent on the Department of Alcoholic Beverage Control receiving
funding from the Office of Traffic Safety.
2. Payments of approved reimbursable costs (per Budget Detail attached) shall be in arrears
and made via the State ControJler's Office. Invoices shaJl 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 shaJl relieve the State from obligation of payment. Payments will be in
arrears based on 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 2100-101-0081, Budget Act Statutes of
2002.
3. Contractor understands in order to be eligible for reimbursement, costs incurred and
claimed must meet the foJlowing criteria:
a. Be necessary and reasonable for proper implementation of the project.
b. Not result in a profit or other increment to contracting agency.
c. Be incurred on or after the effective date of the project and on or before the project
termination date.
4. The Contractor will be reimbursed for costs incurred in the performance hereof as are
allowable under the provisions of Part I-IS of the Federal Procurement Regulations.
a. Contractor shall be reimbursed monthly in arrears. Contractor shall submit invoices in
triplicate and addressed to the Grant Coordinator.
b. Contractor shall not be permitted to subcontract any portion of this contract.
5. 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
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.
6. 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.
7. 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. .
8. The Department of Alcoholic Beverage Control may delete from Contractor's invoice any
amount claimed by Contractor if the Department determines the expense to be
inappropriate or excessive or violates any other provisions of this agreement.
9. 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.
10. 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.
11. 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.
Exhibit D
Special Terms and Conditions
1. Quarterly Performance Reports and Reimbursement Claims must be submitted by the
Project Director to the ABC Grant Coordinator by April 15, July 15, October 15, January
15, during project operation.
2. Contractor shall provide a final report in draft form to ABC and OTS thirty days prior to
Contract termination for review, recommendations, and approval by both parties prior to
the Contractor furnishing three printed copies of the approved final report. The final
report is due thirty days after project completion. Costs incidental to the report's
preparation or delivery that are incurred subsequent to the termination date of the
project are now allowable.
3. Final payment shall be released to the Contractor, upon the satisfactory completion of
the terms and conditions of the contract and acceptance of the Contract's final report
has been received by the Department of Alcoholic Beverage Control and Office of
Traffic Safety.
a. Contractor shall not be authorized to copyright the final report, any papers, interim
reports, forms, or other material which is a part of the work under the Contract,
without the prior written approval from the Department of Alcoholic Beverage
Control and the Office of Traffic Safety. .
b. All reports published by the Contractor shall contain the following statement on the
credit sheet: "The opinions, findings, and conclusions expressed in this publication
are those of the authors and not necessarily those of the office of Traffic Safety,
Alcoholic Beverage Control, the National Highway Traffic Safety Administration, or
the Federal Highway Administration."
4. If, during the term of the grant award, federal funds become reduced or eliminated, ABC
may immediately terminate or reduce the grant award upon written notice to the Project
Director.
5. No alteration or variation of the terms of this Agreement shall be valid unless made in
writing and signed by the parties hereto, and no oral understanding or agreement not
incorporated herein shall be binding on any of the parties hereto.
6. Any dispute concerning a question of fact arising under this contract which is riot
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.
7. 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.
8. 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 2100-101-0081, Budget Act of 2002, for the purposes of this program.
9. By signing this agreement, Contractor certifies compliance with the provisions of CCC
201, Standard Contractor Certification Clauses. This document may be viewed at:
www.dgs.ca. gov /contracts.
10. Both written and oral releases are considered to be within the context of publication.
However, there is no intention to limit discussion of the study with small technical
groups or lectures to employees or students. Lectures to other groups which describe
the project but disclose neither data nor results are permissible without advance
approval. .
11. All reports shall contain the following credit line: "In cooperation with State of
California, Business, Transportation and Housing Agency, Office of Traffic Safety, the
U.S. Department of Transportation, National Highway Traffic Safety Administration, and
Federal Highway Administration."
12. The Office of Traffic Safety, the National Highway Traffic Safety Administration, the
Federal Highway Administration, and the Department of Alcoholic Beverage Control
may review and inspect the Contractor's activities during the progress of the program.
13. Contractor agrees to maintain all records and other evidence pertaining to costs incurred
and work performed hereunder, and shall make them available at the Contractor's
California office during the contract period and thereafter for a period of three years
from the date of receipt of final payment of federal funds.
14. All data, maps, photographs, and other material collected or prepared under the Contract
shall become the joint property of the Department of Alcoholic Beverage Control and
the Office of Traffic Safety.
15. The Contractor warrants they have not employed or retained any company or persons,
other than a bona fide employee working solely for their agency, or paid any fee,
commission, percentage, brokerage fee, gifts, or any other consideration, contingent
upon or resulting from the award or making of this Contract. For breach or violation of
this warranty, the State shall have the right to annul this Contract without liability or, in
its discretion to deduct from the Contract price or consideration, or otherwise recover
the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent
fee.
16. Contractor agrees to make available to the California State Auditor any books, records,
documents, and other evidence pertaining to reimbursable costs, and any matching costs
and expenses, and hold them available for audit and inspection by 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.
17. It is mutually understood and agreed that no alteration or variation of the terms of this
contract shall be valid unless made in writing, signed by the parties hereto, and approved
by all necessary parties.
18. The Contractor will permit access to books, records, and accounts by the State, the
Federal Highway Administration and/or the National Highway Traffic Safety
Administration for purposes of investigation to ascertain compliance with this
Nondiscrimination Clause.
19. In the event of the Contractor's noncompliance with the nondiscrimination clauses of
this contract, this contract may be canceled, terminated, or suspended in whole or in part.
Exhibit E
BUDGET DETAIL
BUDGET CATEGOI{,Yand LI~rf.EMIJ.E].'1\IT.,.;
A. Personn~l Servic~Hsalaries, 'o:v~Hjn!~~.~~d,~e,!l~q!~r;t;.;i~: 'ii'
COST
(Round all budget
amounts to nearest dollar)
Police Personnel Overtime
$45,500
TOTAL PERSONN.J1:V~ll;R~CE.
C. Equipment (niaximuli.i$;~!lO)
$45,500
1 CD Mavica digital still camera, MVC-CD400, (4.0 mega pixel, CD-ROM), $ 770
cost $699.95 (S&H $20)
4 CD-ROM packs @ $19.95 each with tax 100
1 M Series rechargeable battery 100
1 M Series battery charger 80
1 Alco Sensor IV Paz device 850
1 Paz device mouthpieces (1,000 count) 350
TOTAL $ 2,250
D. Travel Expense/,Registration F.~is^t(Wl\~lIlum:$2,50!!}. %~;j. ;";h~i!;!':H .;)' ;
ABC Grant Conference JanuaJ:)' 14-16.2003
1 P-4 registration, meals, hotel, parking, and travel
1 P-2 registration, meals, hotel, parking, and travel
$ 750
750
ABC Grant mid-year Conference
1 P-2 registration, meals, hotel, parking, and travel
750
TOTAL TRAVELfREGISTRATION FEE EXPENSES
TOTAL BUDGET ESTIMATE, ALL CATEGORIES
$ 2,250
$50,000
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 1- 21-a ~ Item #
Vote: Ayes 1- 'l Nays -@
Change to motion to amend original documents:
'22
Abstain
Reso. # On Attachments: / Contract term:
Note on Resolution of Attachment stored separately: -==-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
fJ0
Date Sent to Mayor:
Date of Mayor's Signature:
1-<: "S. C '7,
1-2{-<::'~
, 21--<:"'-3.
Date ofClerk/CDC Signature:
Date Memo/Letter e
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached:
ched:
See Attached:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, I0584, I0585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92.389):
Copies Distributed to:
City Attorney Y
Parks & Rec.
Code Compliance Dev. Services
Police / Public Services Water
Notes:
Resolution #
_ .c.,.)-
'-ZIT!..'>'- 3Lj
Absent .tr
NullNoid After: -
By: -
Reso. Log Updated:
Seal Impressed:
,./"
,./
Date Returned:
-
Yes / No By
Yes No~ By
Yes No~ By
Yes No~ By
Yes No L By
EDA
Finance /'
MIS
Others:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: ..i'D:L- Date: 9/?JU.?
Revised 01/12/01