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HomeMy WebLinkAbout25-Police ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Michael A. Billdt, Chief of Police Subject: Resolution of the City of San Bernardino ratifying the submittal of a grant Dept: Police Department application and authorizing the Police Department to administer the Alcohol Date: September 11,2006 Beverage Control Shoulder Tap Program Grant funds in accordance with the grant expenditure plan. M/CC DATE: October 2,2006 Synopsis of Previous Council Action 6-20-2006 Grants Ad Hoc Committee approved the Request for Council Action for the ABC Shoulder Tap Program grant to be submitted to the full Council. Recommended Motion: Adopt resolution. MICHAEL A. BILLDT, CIIIEF OF POLICE Contact person: Captain Steve Klettenberg Phone: 384-5606 Supporting data attached: Yes Ward: All FUNDING REQUIREMENTS: Amount: $10,000 (Account# 123-797-5015) Source: Alcohol Beverage Control Grant Finance Council Notes: Re 00(0-3 Agenda Item No. /D1���� CITY OF SAN BE RNARDINO - RE QUEST FOR COUNCIL 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 Shoulder Tap 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 Shoulder Tap Program grant, for grant awards of$5,000 to $15,000 to local law enforcement agencies over a 19-month grant period (July 1, 2006 to February 28, 2008). There is no local cash match requirement. The goal of the Shoulder Tap Program is to reduce the number of individuals who illegally purchase alcoholic beverages on behalf of minors. During the program, a minor decoy, under the direct supervision of law enforcement officers, solicits adults outside of ABC licensed stores to buy the minor decoy alcohol. Any person seen furnishing 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). On June 14, 2006, the Police Department submitted a letter of interest to ABC requesting a grant award in the amount of $15,000. The Police Department proposed to utilize overtime in the amount of$15,000 to perform a minimum of ten Shoulder Tap 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 Shoulder Tap program identifying the individuals 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$10,000 for the Shoulder Tap Program. FINANCIAL IMPACT There will be no impact on the City's General Fund. The Police Department will be using a total of $10,000 in Alcohol Beverage Control Grant funds to perform enforcement and educational programs in support with grant goals and objectives. RECOMMENDATION Adopt resolution. STATE OF CALIFORNIA—BUSINESS TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARZENE R ov.mor DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL _ 3927 Lennane Drive,Suite 100 Sacramento,CA 95834 (916)419-2500 August 15, 2006 Chief Michael Billdt San Bernardino Police Department Cy 'of PO Box 1559 '�o,�°'��� San Bernardino, CA 92402 o' s f`o a;0 e Subject: Contract#06-ST-13 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$10,000.00 for the Shoulder Tap Grant Program. Please sign and return all three copies, with an original signature on each, to my attention. After we receive the above information from your agency, we will have the contract signed and return a fully executed contract for your records. If you have any questions regarding the project, please feel free to contact me at (916) 419-2507. Sincerely, K (Katie) Lenihan P oject Manager ` COPY RESOLUTION NO, 2 RESOLUTION OF THE CITY OF SAN BERNARDINO RATIFYING THE SUBMITTAL OF A GRANT APPLICATION AND AUTHORIZING THE POLICE 3 DEPARTMENT TO ADMINISTER THE ALCOHOL BEVERAGE CONTROL 4 SHOULDER TAP PROGRAM GRANT FUNDS IN ACCORDANCE WITH THE GRANT EXPENDITURE PLAN. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 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 9 10 Bernardino the attached Standard Agreement with the Department of Alcohol Beverage 11 Control (ABC), including any extensions or amendments thereof. 12 13 SECTION 2: The Mayor and Common Council of the City of San Bernardino 14 authorize the Police Department to obligate and expend the Alcohol Beverage Control Grant 151 funds in the amount of 510,000 as outlined in the attached Expenditure Plan submitted by the 16 .1i Chief of Police (Exhibit"A"). i8 19 0 21� '22I 2 24 25 26 27 i I 28 f 1 RESOLUTION OF THE CITY OF SAN BERNARDINO RATIFYING THE SUBMITTAL OF A GRANT APPLICATION AND AUTHORIZING THE POLICE 2 DEPARTMENT TO ADMINISTER THE ALCOHOL BEVERAGE CONTROL SHOULDER TAP PROGRA!%I GRANT FUNDS IN ACCORDANCE WITH THE GRANT EXPENDITURE PLAN. 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof, held on 7 the day of , 2006, by the following vote, to wit: 8 9 Council Members Aves Nays Abstain Absent Ifl ESTRADA F BAXTER 12� VACANT 18 DERRY 15 KELLEY 16 JOHNSON 17 McCAMMACK 18 19 Rachel G. Clark, City Clerk 217 pI The foregoing resolution is hereby approved this day of 11-006. � y 22 n8 PATRICK J. MORRIS, Mayor `" City of San Bernardino 24 25 Approved as to form: 26 27 ,T iynes F. Penman, City Attorney r� 28 Exhibit A San Bernardino Police Department Alcohol Beverage Control Shoulder Tap Program Grant Line Item Budget ACCOUNT OBJECT & TITLE PROPOSED 5015 Overtime $10,000 TOTAL PERSONNEL SERVICES $10,000 GRANT TOTAL $10,000 I San Bernardino Police Department Alcohol Beverage Control Shoulder Tap 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 10 Shoulder Tap operations within the 19 month grant period. The Alcohol Beverage Control Department has approved $10,000 in grant overtime for these programs. STATE OF CALIFORNIA STANDARD AGREEMENT AGREEMENT TNUM--- ---- - - -- - AGREEMENT NUMBER STD 213 (Rey,6'03)' ' 06ST-13 TSTRATIWNU!s-isEiF - 1. This Agreement is entered into between the State A.Pency and the Contractor named below STATE AGENCY'S NAME Department of Alcoholic Beverage Control CONTRACTOR'S NA\1E City of San Bernardino through the San Bernardino Police Department 2. The term of this August 1, 2006 through May 31, 2008 Agreement is:-- - - ------- ---- ------ --- - - - - --- —------- 3. The maximum amount of this S 10,000.00 Agreement after this amendment is: - ---- ----- --- --_ ---- --- -- - - - 4. The parties agree to comply with the terms and conditions of the follo%ving exhibits which are by this reference made a part of the Agreement: Exhibit A - Scope of Work/Project Narrative 1 page Exhibit B - Budget Estimate 1 page Exhibit C - General Terms and Conditions GTC 3064L Exhibit D - Payment Provisions 2 pages Exhibit E - Special Terms and Conditions 3 pages 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 view at st ww. documents.dgs.ca.eoviGTC-306doc IN NVITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR CALIFORNIA Department of General Senices CONTRACTORS NAME(ff other than an individual.state whether o corporation,partnership.etc.) Use Only City of San Bernardino through the San Bernardino Police Department BY(Authorized Signature) DATE SIGNED(Do not qpe) PRINTED NAME AND TITLE OF PERSON SIGNING ADDRESS PO Box 1559, San Bernardino, CA 92402 i STATE OF CALIFORNIA AGENCY NAME Department of Alcoholic Beverage Control BY(Authorized Signature) !DATE SIGNED(Do not type) ED, AME AND TITLE OF PERSON SIGNING Dennis J. Clear, Assistant Director, Administration ® E.eemptper GC14616 ADDRESS 3927 Lennane Drive, Suite 100, Sacramento, CA 95834 Sep• 05 06 01 : 42p SBPD Narcotics-Vice Un t 909-890-4918 P 2 EXHIBIT B BUDGET ESTIMATE BUDGET C:�:TEGORY.AND I�IIVE--ITEM-DETAIL COST u7io� to A. Persoinr►el Salaric�s ivot Applicable. TOTAL PERSONNEL SERVICES — STRAIGHT TIME I3.';:Yersannel-Salaries _ (lvert�me - Sergeant - 1 x$69.20 x 4 hrs. x 10 programs $2,768 Detective - l x $61.49 x 4 hrs. x 10. progra,-rts $2 ,460 Vice Gfficers - 2 x $53.55 x 4.5 hrs. x 10 programs $4,819 TOTAL PERSONNEL SERVICES — OVERTIME $10,047 C. Yer9onnelBenefis(Max�muin ,30°l0} - Not Applicable. TOTAL PERSONNEL BENEFITS -0- D. EQUIPMENT (IVlaximum::,1,000.} oot Applicable. TOTAL EQUIPNIENT (Maximum: 51,000) -0- E. TRAVEL.(Niaiimum: S1,000.) Nc)t Applicable. DOTAL "I EZA�'EL ( �ta�irnum: 51,000) TOTAL BUDGET ESTIMATE, ALL CATEGORIES $10,047 EXHIBITS D PAYMENT PROVISION'S 1. Contractor recognizes that funding for the Minor D coy Program is cont1 em on the Departm ent of Alcoholic Beverage Control receiving funding from the Office of Ju\emle .IUStice Delinquency and 1 Prevention (Grant r2006AHFX0053). 2. Payment of approval reimbursable costs (per Budget Details attached) shall be in arrears and Made via the State Controllei's Office. invoices shall be subnuttczi in irihlicutc oil a yuurtcl ly 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. Payment \vill be in arrears based oil acceptance of Contractors performance. pursuant to this agreement or receipt of an undisputed invoice, \vhicheVer occurs last. Nothing contained herein shall prohibit advance payments as authorized by Item 2100-001-3036. Budget Act Statutes of 2004. 3. Contractor understands in order to be eligible for reinlbursenlent; costs incurred and claimed must 111M the follo\\`ing 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-15 of the Federal Procurement Regulations'. a. Contractor shall be reimbursed quarterly in arrears. Contactors shall submit invoices in triplicate and addressed to the Grant Director. li. Contractors shall not be permitted to subcontract any portion of this contract. 5. Revisions to the "Scope of N ork" and the "Budget Detail" may be requested by a change request letter submitted by the Contract. If approved by the State, the revised Scope of Work and / or Budget Detail supersede and replace the previous doCLIments bearing those names. A contract amendment \will be required to implement ally such Change with the exception that Changes in a budget line item of expense not to exceed five (5%) of the line item play be authorized requiring a contract amendment if the total amount of the contract remains Unchanged. I 6. Contract agrees to refilled to ille State 111\' all1011nt claimed for reimbursement and paid to Contractor which are later disallowed by the State after audit or inspection of records maintalned 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 the Contractor in the performance of this agreement are the sole responsibility of Contractor. 8. The Department of Alcoholic Beverage Control play delete for Contractor's invoice any tlll1011lll ClilI111CU l)\' L'()1itl'i1C101 1f 111C licL :ll'tlllClll Cictcrlllil?CS tll�: l'\1):1?`C (�) bC lll<iI)I)1'i)I)1'liitc or excessive or iolates 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 coilslllIled in the performance of this agreement. Contractor is responsible for the care, maliltenailce, repair and protection Of any such property. Inventory records shall be maintained by Contractor and submitted to the State upon regUeSt. All such property shall be returned to the State upon expiration of this contract unless the State otherwise directs. 0 10. if travel is a relmbltrsable Iteill, the reinlbursenlent for necessary traveling expenses and per- d1cm shall be at rates set in accordance with Department of Personnel Administration rates set for comparable classes of State employees. No travel outside the State of California shall be authorized. No travel shall be authorized outside 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 fiends, for the mutual benefits of both parties, in order to avoid proararn and fiscal delays that would occur if the contracts were executed after that determination was made. I I i EXHIBIT E SPECIAL TFR�IS AND CONDITIONS 1. Quarterly Performance Reports and Reimbursement Claulls Must be Submitted by the Project Director to the ABC Project Director Kathleen Lenihan by JaIlUary 15' 2007 (five months), April 15, 2007, July 15, 2007, October 15, 2007, January 15, 200S, June 15, 200S (five months), during project operations. �. Oiitia t0; .;hall hCC\ .;�C a il':'1 1 :C:Lltl\' �il!llill:?l�' io ARC thiriv Ci ys ;•�t:l termination of the contract. 3. Final payment shall be released t0 the CO11traCt01', upon the satisfactory completion of the terms and coil ditions of the contract and acceptance of the Contractor's final reports have been received by The Department of Alcoholic Beverage Control and the Office of Juvenile Justice Delinquency and Prevention. 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, \ylthOtlt prior \yrlttell approval from the Department of Alcoholic Beverage Control and the Office of.11.1\•enile Justice Delinquency and Prevention. b. All reports published by the Contractor shall contain the following " pinions findings and conclusionS statemenron hrd te credit sheet: "tile o} eXpressed in this publication are those of the alltllOI-S alld 110t necessarily those of the Office of Juvenile JuStice Delinquency and Prevention, Alcoholic Beverage Control, the National Highway Traffic Safety Administration, or the Federal Highway Administration. 4. If, Burin; the terms of the grant award, federal funds become reduced or eliminated, .-ABC lllay immediately terminate or reduce the grant award upon \\ritten 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. G. Alit dispute concei-niing a question of fact arising Under the contract which is Ilot disposed of by agreement shall be decided by the Director, Department of Alcoholic Beverage Control, or designee, who shall reduce Ills decision to writing and mail or otherwise furnish a copy therefore to the Contractor. Tile I decision of the Department shall be final and cOnclLlsiye unless. «vithiil �0 days front the date of receipt of such cope, the Contractor mails or othel-wise furnishes to the State a written appeal addressed to the Director, Department of Alcoholic Beverage Control or his duly authorized representative for a determination Of such appeals shall be final and C011Clusiye unless determined by a court of c0111petent jurisdiction to have been fraudulent, capricious, arbitrary, or so ,rossly erroneous as necessarily t0 imply bad faith, Or not supported by substantial evidence. In connection with any appeal processing 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 dispLlte hereunder, Contractor shall proceed diligently with the performance of the contract and in i'Ct)ril;i;iCC \\ ii;l th. iJ�CI°,:�it cif the S't::'.C'. 7. Either party may terminate this agreemeilt at any time for any reason upon ten (10) days written notice. No penalty shall accrue to either party because of contract termination. S. Loth written and Oral releases are considered to be within the context of publication. However, there iS ilo lntelition to limit diSCLISSiOi1S Of the Stlidy with Sillall teChiliCal 21-oups or lectures to employees Or students. Lectures to other D-OLlps \which describe the project but Clisclose neither data 1101- results are permissible \\'It110l1t advance approval. 9. All reports shall contain the follo\\ing credit line: "In cooperation with the State of California, Business, Transportation and Housin`T Agency, Office of ,Juvenile .Justice Delinquency and Prevention, and U.S. Depal-tillent of Justice. Office OfJuveriile .Justice DelingLlency and Prevention, U.S. Department of Justice, and the Department of Alcoholic Beverage Control, inlay review and inspect the Contractor's activities durinL_T the Progress of the program. 10. Contractor agrees to illaintain all records and other evidence pertaining to costs incurred and work- peribrllled here Linder, and shall make them available at the Contractors California office duringy the contract period and thereafter for a period of three years from the date of receipt of final pa%ment of federal funds. 11. Ail data, (Maps photographs, and other material collected or prepared under the Contract shall become the_oint property of the Department of Alcoholic Beverage Control and Office of Juvenile ,Justice Delinquency and Prevention. 1?. The Contractor warrants they have not employed or retained any company or persons, other than a bona fide employee working solely for their agency, of paid any fee. commission. percentage, broker we fee, gifts, or any other consideratl0n C011tlllvellt 11p011 or resulting from the a\\and or making of this Contract. For breach or violation Of this warranty, the State shall have the right f to annul this contract N%Itholit liability or, in its discretion to dedl!Ct fro!11 the Contract price or consideration. or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 13. Contractor agrees to make available to the California State Auditor anv books, Records, documents, and other evidence pertaining to reimbursable costs, and an%• 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 ag*rees 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 teml of this contract up to a !,),i of ti i, till Final of III;, COnil'.^.Ct. 14. It IS i11Utlially 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. 15. The Contract will permit access to books, records, and accounts by the State, the Federal Highway Administration and / or the Office of Juvenile Justice Delinquency and Prevention for purpose of investigation to ascertain compliance with the ?nondiscrimination Clause. 16. 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.