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Home My WebLink About26-Police Department ~ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION "- '-< - From: Michael A Billdt, Chief of Police Dept: Police Department Date: September 11, 2006 Subject: Resolution of the Gty of San Bernardino ratifying the subminal of a grant application and authorizing the Police Department to administer the Alcohol Beverage Control Minor Decoy Program Grant funds in accordance with the grant expenditure plan. MlCCDATE: October 2, 2006 Synopsis of Previous Council Action 6-20-2006 Grants Ad Hoc Comminee approved the Request for Council Action for the ABC Minor Decoy Program grant to be submined to the full Council. Recommended Motion: Adopt resolution. lrW4-iJ.,tU;- MIa-IAEL A BILLDT, GIIEF OF POLICE Contact person: Captain Steve Klettenberg Supporting data attached: Yes FUNDING REQUIREMENTS: Council Notes: Phone: 384-5606 Ward: All Amount: $20,000 ((Account # U3-796-5015) Source: Alcohol Beverage Control Grant Finance Agenda Item No. :J..~ JoJa.Jo(p CITY OF SAN BERNARDINO - REOUEST FOR COUNOL ACTION '-' STAFF REPORT SUBJECT Resolution of the City of San Bernardino ratifying the submittal of a grant application and authorizing the Police Department to administer the Alcohol Beverage Control Minor Decoy Program Grant funds in accordance with the grant expenditure plan. BACKGROUND On May 16, 2006, the State of California Department of Alcohol Beverage Control (ABC) released a solicitation for the Minor Decoy Program grant, for grant awards of up to $20,000 to local law enforcement agencies over a 19-month grant period (July I, 2006 to February 28, 2008). There is no local cash match requirement. The goal of the Minor Decoy Program is to reduce the number of alcohol licensees who sell alcoholic beverages to minors. During the program, a minor decoy, under the direct supervision of law enforcement officers, enters ABC licensed stores and attempts to purchase alcohol. Any employee seen selling alcohol to the minor decoy is arrested (either cited or booked) for furnishing alcohol to a minor (a violation of Section 25658(a) of the Business and Professions Code). Both the California Constitution under XX, Section 22, and the Business and Professions Code provide that the sale of an alcoholic beverage to a person under the age of 21 is illegal. ~ '-'" On June 14,2006, the Police Department submitted a letter of interest to ABC requesting a grant award in the amount of $20,000. The Police Department proposed to utilize overtime in the amount of $20,000 to perform a minimum of nine Minor Decoy programs within the 19-month grant period. The Department committed to providing press releases at the beginning of the program, to inform the public of the goals of the program. Additionally, the Department committed to issuing press releases after each Minor Decoy program identifying the establishments found in violation and the number of arrests made. The letter of interest was reviewed by the Grants Committee on June 20, 2006, and approval was received to submit the grant application to the full Council for ratification should grant funds be awarded. On July 28, 2006, the Police Department received formal notification that ABC approved funding in the amount of$20,000 for the Minor Decoy Program. FINANCIAL IMPACT There will be no impact on the City's General Fund. The Police Department will be using a total of $20,000 in Alcohol Beverage Control Grant funds to perform enforcement and educational programs in support with grant goals and objectives. RECOMMENDA nON - Adopt resolution. '-' '- -'.- 141 15 16 17 18 19 20 '-' 21 - 22 23 24 25 26 27 28 '- 1 ~ I I ~I 3 4 RESOLUTION NO. RESOLUTIO:\' OF THE CITY OF SAN BERNARDI:\'O RATIFYING THE SliBJ\HTTAL OF A GRA:\'T APPLICATION AND AUTHORIZING THE POLICE DEPARTMENT TO ADMINISTER THE ALCOHOL BEVERAGE COl'iTROL MINOR DECOY PROGRAM GRANT FUNDS IN ACCORDANCE WITH THE GRA}\"T EXPENDITURE PLAN. 5, ,. o BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BEIU-.JARDINO AS FOLLOWS: 7 8 9 10 11 12 SECTION 1: The Mayor and Common Council of the City of San Bernardino authorize the Mayor or his designee to sign and approve on behalf of the City of San Bernardino the attached Standard Agreement with the Department of Alcohol Beverage Control (ABC), including any extensions or amendments thereof. 13 SECTION 2: The Mayor and Common Council of the City of San Bernardino authorize the Police Department to obligate and expend the Alcohol Beverage Control Grant funds in the amount of 520,000 as outlined in the attached Expenditure Plan submitted by the Chief of Police (Exhibit "A"). III III III III /11 III Iii III III /La. 2~ ID/;L/~~ Approved as to form: r')),/ 27 f;'me:-<F' ~enn:::~;-;; Attorney / 28 ' ~ --.. 15 16 17 18 19 20 21 22 23 24 25 26 .- '- 1 2 3 4 5 6 RESOLVTIOl'i OF THE CITY OF SA"I BERl\'ARDINO RA TIFYIl'iG THE SUBMITTAL OF A GRA"IT APPLlCA TIO"l AND AUTHORIZING THE POLICE DEPARnIE"IT fO ADMINISTER THE ALCOHOL BE\'ER.\GE COl\'TROL MI;\OR DECOY PROGR.\M GRAI\T FU"IDS 11\ ACCORDAI\CE WITH THE GRANT EXPENDITl'RE PLAl\'. J HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 7 Common Council of the City of San Bernardino at a meeting thereof, held on 8 the day of , 2006, by the following \'ote, to wit: 9 10 11 12 13 Abstain Absent Nays Aves Council Members ESTRADA BAXTER VACANT 14 DERRY KELLEY JOHJ\SON McCAMMACK Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this _ day of ,2006, P A TRICK J, MORRIS, Mayor City of San Bernardino Exhibit A '- San Bernardino Police Department Alcohol Beverage Control Minor Decoy Program Grant Line Item Budget ACCOUNT OBJECT & TITLE PROPOSED 5015 Overtime $20,000 $20,000 TOTAL PERSONNEL SERVICES GRANT TOTAL $20,000 -- , '-- '- -- ,- '-' San Bernardino Police Department Alcohol Beverage Control Minor Decoy Program Grant Expenditure Plan Narrative Overtime Overtime will be worked by investigators and supervisors assigned to Vice & Narcotics and police officers assigned to Patrol to perform a minimum of nine Minor Decoy operations within the 19 month grant period. The Alcohol Beverage Control Department has approved $20,000 in grant overtime for these programs. STATE OF CALIFORNIA ST Al'IDARD AGREEMENT SIAl 13 (R,v 6/031 i"AGREEMENT NL:~BER I ! 06MDG-19 I Kt.ul~ I KA IIUN !\;UMtli:K _. 1. This Agreement i~ entered int()jJ.e.twe.el1ths.S.tat~,\ge.nc'y-andlhe..~O!ltr~ctoLn..ameQ b~Cl.\\~ STATE AGENCY'S NAME Depar:tl11entoLAIc()hoIic~ev~r~ge <::.on_trol ____.____.. ___...____n...____ CONTRACTOR'S NAME c:~ty.()f Sa!l.l3e!na~din() thT()lIg~th~~a_l!..l!er'!l!..dino.!)oJLc.~ D~!!.rtme!l!....__n__.___. ..___n' 2. The term of this August 1, 2006 through May 31, 2008 Agreementis:.~--..--. __ ___._ . _______.nm___m.____._.____u .----- 3. The maximum amount of this $ 20000.00 Agreement after this amendment 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: --- - ---'--' --- ----.- -..------ _._._ ____..___ ___ - ____ "'._. -_-'0 - .,.___. ______0'- ______..._____.. Exhibit A - Scope of WorK/Project Narrative Exhibit B - Budget Estimate Exhibit C - General Terms and Conditions Exhibit D - Payment Provisions Exhibit E - Special Terms and Conditions ___m___.________ _________~.__. ---- -_.. -------.-- 1 page 1 page GTC 306* 2 pages 3 pages ""-"",,,, Items shown with an Asterisk (*) are hereby incorpurated b;'v' reference and made part of this agreement as if attached hereto, Thc!se ducuments can be view at lVWW. documents.des.ca.f!ov/GTC-306doc IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR CALlFOR:'<IA Department of Genenl Servicel t:seOnly CONTRACTOR'S NAME (If olher tllan an individual. slale wllelher a corporalion. partnership. elc.) City of San Bernardino through the San Bernardino Police Department BY (Authorized Signature) I DATE SIGNED (Do not type) PRINTED NAME ,\".JD TITLE OF PERSON SIGNING ADDRESS PO Box 1559, San Bernardino, CA 92402 STATE OF CALIFORNIA -\GENCY NAME Dcpartment of Alcoholic Beverage Control IDA TE SIGNED (Do not f)pe) I J)" ~or;7.."d Signalure) ~D NAME AND TITLE OF PERSON SIGNING Dcnnis J. Clear, Assistant Director, Administration C!lI E"mpl pcr GC14616 \DDRESS ; Lenoane Dri\'e, Suite 100, Sacramento, CA 95834 '-...- EXHIBIT A 06-:\lDG-19 SCOPE OF WORK Contract agrees to implement the Department of Alcoholic Be\'erage Control ~A[jl) andUriice of Traftic Sakt)"s (OTS) [v11110r Decoy Progra1l1, a program that targets employees ofretail outlets who furnish or sell alcoholic be\'erages to underage operators, The project is targeted to reduce underage drinking and the resultant DUI driving injuries and fatalities, and or property damages, reduce youth access to alcoholic beverages through enforcement intervention and the impressions of omnipresence oflaw enforcement. In addition, Contractors agrees to the following goals: '",,~~_. . Contractor agrees to raise public a\\areness that selling alcoholic bc\'erages to individuals under twenty-one years old is a criminal violation that will be prosecuted by local city and district attomeys, . Contractor agrees to conduct a minimum of nine Decoy Operations within the twenty-two month period, . To establish and implement a coordinated efforts between Contractor and ABC . Contractor shall de\'ote 100% of its effort on the Minor Decoy operations only, ""- .....-... -- \....."'~ ,,-,.. --- EXHIBIT B BUDGET ESH\IATE BUDGET CATEGORY AND LI],;E ITEM DETAIL COST A. Personnel Salaries - Straight Time {Round all budge; a~l''-!:''\b u nc;nes: d,)\lJ~ J Not Appl icablE. TOTAL PERSON:\EL SERVICES - STRAIGHT TIME -0- -..------.--.. B. Personnel Salaries - Overtime Sergeant - 1 x 569.20 x 7 hrs. x 9 programs 4,360 Detective - 1 x 561.49 x 6 hrs. x 9 programs 3,320 Vice Off i cers - 2 x 553.55 x 6 hrs. x 9 programs 5,783 Patrol Officers - 2 x 553.55 x 6 hrs. x 9 programs 5,783 Community Service Cfficer - 1 x 528.26 x 3 hrs. x 9 programs 763 TOT AL PERSO:\'l'IEL SERVICES - OVERTE\IE 520,0070 C. Personnel Benefits (Maximum: 30%) Not ~ppl icable. TOTAL PERSOl'lNEL BE]';EFITS -0- D. EQUIPMENT (Maximum: $1,000.) ~ht Applicable. TOTAL EQUIP;\IENT (Maximum: 51,000) -0- E. TRAVEL (Maximum: $1,000.) Not Applicable. TOTAL TRAVEL (Maximum: $1,000) -D- o TOTAL BUDGET ESTIMATE, ALL CATEGORIES 520,0G?0 / EXHIBITS D -""'--' PA Y\IEi\T PROVISIO:\S 1. Contractor recognizes that funding for the \linor Decoy Program is contingent on the Depat1melll of AlcoholIc Be\erage Control rccei\ing funding from the Office of Traffic Safety (Contract iiAL-0697), ., Payment of approval reimbursable costs (per Budget Details attached) shall be in an'ears and "[ade via the Statc Controllcr's Office. Im'oices shall be submitted in triplicate on a quarterly basis in a format specdied by the Slate. bilure to submit ill\'oices and reports 111 the reqtllred fonnat shall relieve the State from obligation of payment. Paymcnt will be in arrears based on accq)tance of Contractors performance, pursuant to this agreemcnt or receipt of an undisputed inl"Oice, whiche\er occurs last. T\othing contained herein shall prohibit advance payments as authorized by Item 2 I 00-00 1-3036, Budget Act Statutes of2004, 3. Contractor understands in order to be eligible for reimbursemcnt; costs incurrcd and claimed must meet the following criteria: a, Be necessary and reasonablc for proper implementation of the projcct. '-- b, :\ot result in a profit or other increment to contracting agency c Be incurred on or after thc cffecti\'e date of the project and on or befNe the project tel"lllination date. 4. The Contractor will be reimbursed for costs incurred in the perfonn~lllce hercof as arc allo\\able under the provisions of Part I-IS of the Federal Procurement Regulations, a, Contractor shall be rcimbursed quar1erly in arrears. Contactors shall submit il1\"lJices in triplicate and addressed to the Grant Director. b, Contractors shall not be permitted to subcontract any pOl1ion of this contract. .,,-.-. 5. Re\isions to the "Scope of\Vork" and the "Budget Detail" may be requested by a change request letter submitted by the Contract. If appro\ed by the State, the revised Scope of\Vork and! or Budget Detail supersede and replace the previous documents bearing those names, A contract (Imendment \\'ill be required to implement any such change \\'ith the exception that changes in a budget line item of expense not to exceed fi\'e (5%) of the line itemm(lY be authol'ized requiring a contract mncndment if the total amount of the contract remains unchanged. ........ '--. 6. ContrGct agre<?s to refund to the State any amount claimed for reimbursement and paid to Contractor Ilhich are later disallolled by the State after audit or inspection ofrecords maint3ined by the Contractor. 7. Only the costs dispbyed in the "Budget Detail" are authorized for reimbursement by the S13te to Contractor under this 3greement. Any other costs incun'ed by the Contractor in the performance of this agreement are the sole responsibility of Contractor. 8. The DepaI1ment of Alcoholic Beyerage Control may delete for Contractor's inyoice any amount claimed by Contractor if the Dep3rtment determines the expense to be inappropriate or exeessil'c or yiolates any other prol'isions of this agreement. 9. Title shall be reseryed 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, 111\'entory records shall be maintained by Contractor and submitted to the State upon request. All such property shall be returned to the State upon expiration of this contract unless the State otherwise directs, ,.,J O. Iftralel is a reimbursable item, the reimbursement for necessary traveling expenses and per- .........- diem shall be at rat<?s set in accordance with Department of Personnel Administration rates set for comparable classcs of State employees, 1\0 tral'el outside the State of Califomia shall be authorized, 010 travel shall be authorized outside the legal jurisdiction of Contractor without prior authorization by the State, II, It is understood between the parties that this contract may haye been written before ascertaining the <J\'ailability of appropriation of funds. for the mutual benefits of both parties, in order to aloid program and fiscal delays that l\'Quld occur if the contracts Il'ere executed after that determination was made, c L\:HIBIT E ..-- SPECIAL TER\IS A:"D CO:'iDITIO:"S 1. Quarterly Perfomlance Reports and Reimbursement Claims must be submitted by the Project Director to the ABC Project Director Kathleen Lenihan by January 15. 2007 (fi\'e months). April 15.2007, July 15, 2007, October] 5, 2007. January 15. 200S,June 15, 200S (fi\'e months), during project operations. o CUJltractor skill pro\ide " final [~ccLlti\c Summary to /\DC thirty cl~l) s 2fte:- termination of the contract. " ,). Final pa)lllent shall be released to the Contractor, upon the satisfactory completion of the terms and conditions of the contract and acceptance of the Contractor's final reports have been receiyed by The Department of Alcoholic Beverage Control and the Office of Trafiic Safety. \..- a. Contractor shall not be authorized to copyright the final report. any report. forms. or other material which is part of the work under the Contract, without prior written appro\'al from the Department of Alcoholic Beverage Control and the Office ofTraftlc Safety. b. All repol1s 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 Traftlc Safety. Alcoholic Beverage Control. the i'.'ational High\\'ay Traffic Safety Administration, or the Federal High,,'ay Administration. 4. If, during the tenns of the grant award, federal funds become reduced or eliminated. ABC may immediately tenninate or reduce the grant award upon written notice to the Project Director. 5. 1\'0 alteration or \'ariation of the ten11S of this Agreement shall be \'alid 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. c 6. Any dispute conceming a question of fact arising under the contract \\hich is not disposed of by agreement shall be decided by the Director, Department of Alcoholic Be\erage Control. or designee, \\ho shall reduce his decision to writing and mail or otherwise fumish a copy therefore to the Contractor. The decision of the Department shall be tinal and conchlsive unless. within 30 days from the date of receipt of such copy, the Contractor mails or otherwise fumishes to the State a written appeal addressed to the Director. Depat1ment of /- :_ AlcollOiic Belerage Control or his duly authorized representati,'e for a detell11ination of such appeals shall be final and conclusi\e unless detennined by a court of competent jurisdiction to hal'e been fraudulent, capricious, arbitrary, or so grossly etTOneous as necessarily to imply bad faith. or not supported by substantial el'idence, In connection \lith any appeal processing under this clause. the Contractor shall be afforded an opportunity to be heard and to offer elJdence in support of its appeal. Pending final decision of a dispute hereunder, Contractor shall proceed diligently with the perfoll11ance of the contract and in accordance \lith the decision of the State, 7, Either party ll1ay tell11inate this agreement at any time for any reason upon ten (I U) del)s II ritlcn notice, 0:0 penalty shall 'lCClUC to eithcr party because of contract tell11ination, 8, By signing this agreement, Contractor certifies compliance with the provisions CCC 201. Standard Contract Certification Clauses, This document may be \'ie\\'ed at: \\ \\ \\ .d<...:..';';.Cil.L'(H-:Cl)lltLlI.:l:,. '- 9, Both written and oral releases are considered to be within the context of publication, Howe\'er, there is no intention to limit discussions 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 al'e permissible without adl'ance approl'al. 10, All reports shall contain the following credit line: "In cooperation with the State ofCalifol11ia. Business, Transportation and Housing Agency. Office of Trafiic Safety. :he U,S, Department ofTranspol1ation, National Highway Traffic Safety Administration, and Federal Higllll'ay Administration, II. The Office ofTraffic Safety, the National Highway Traftic Safety Administration. the Federal Administration, and the Department of Alcoholic Bel'erage Control. may rel'iew and inspect the Contractor's acti\'ities during the Progress of the program, 12, Contractor agrees to maintain all records and other el'idence pertaining to costs incurred and \I'ork performed hereunder, and shall make them al'ailable at the Contractors California oftice during the contract period and thereafter for a period of three years from the date of receipt of final pa)lnent of federal funds, 13, All data, maps photographs, and other material collected or prepared under the Contract shall become the joint property of the Department of Alcoholic Belerage Control and the Office of Traffic Safety, ,.--- lot The Contractor \larrants they hal'e not employed or retained any company or persons. other than a bona tide employee \larking solely for their agency. or paid any fee. commission. percentage. brokerage fee, gifts, or any other '- ..""", .- consideration contingent upon or resulting from the a\yard or making of this Contract. For breach or \'iolation of this \\'arranty, 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 othen\'ise recoyer the full amount of such fee, commission, percentage, brokerage fee. gift or contingent fee, 15, Contractor agrees to make ayailable to the California State Auditor any books, Records, documents, and other eyidence pertaining to reimbursable costs, and any matching costs and expenses. and held them a\ailable for audit and inspection by the State for a period of three years after the final pa)111ent of this contract. Contractor agrees to make 3\'ailable to the Department of Alcoholic I::le\'cragc Conlrulur any Statc audit emity thLse same Illaklials pcIlaining to the perf0l111anCe of this contract at any time during the teml of this contract up to a period of three years after the final pa)1nent of this contract. 16, It is mutually understood and agreed that no alteration or variation of the terms of this contract shall be valid unless made in \\Titing. signed by the parties hereto, and approved by all necessary parties, '- 17, The Contract \\ill penn it access to books, records, and accounts by the State, the Federal Highway Administration and / or the National Highway Traffic Safety Administration for purpose ofil1\'estigation to asceI1ain compliance with the Nondiscrimination Clause, IS, In the event, the Contractor's noncompliance with the nondiscrimination clause of this contract, this contract may be canceled. terminated, or suspended in whole or in part. ,- '- DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL ,,_>-.J927 LE:nnane Drive. Suite 100 acramento, CA 95834 ",,--)16)419-2500 . SlATE 2!:__CAL,[fQJ1NIA_7~JJ,;W~.!;~~'o-LM~~E'_QBIAJ_lQ:'Jbr-.;RJjQ!JSJ:-jG4GE;Y..,;:1-=-~~___._~=_=-:.:_-,-___=--'.,.-;,~~-=~==;..c~=8B~Q~Q.S~H'N A R7l=NE.GGE!b9nvt>fnn,: ~ ~ F August] 5, 2006 Chief Michael Billdt San Bernardino Police Department PO Box] 559 San Bernardino, CA 92402-1559 Subject: Contract #06-MDG-19 Dear Chief Billdt: .....~ Enclosed please find three copies of the Standard Agreement contract to be entered into between the Department of Alcoholic Beverage Control and the San Bernardino Police Department in the amount of S20,000.00 for the Minor Decoy Grant Program. Please sign and retulll all three copies, with an original signature on each, to my attention, After we receive the above infornlation from your agency, we will have the contract signed and return a fully executed contract for your records. ]fyou have atiy questions, please feel free to give me a call at (916) 4]9-2507. Sincerely, ) _____ 1'"'. --7'<~ r \\\=><' ",' i, ____---.1 \:.: '- \ i', \ IS ,_,. r '-_ " . ':. ---. Kathl~en (Katie) Lemhan DistIict Administrator Project Director Enclosure -