HomeMy WebLinkAboutPD Alcoholic Beverage Control GrantSTATE dF CALIFORNIA
STANDARD AGREEMENT
STD 213 (Rev 06/03)
AGREEMENT NUMBER
16G•LA42
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 San Rafael through the San Rafael Police Department
2. The term of this July 1, 2016 through June 30, 2017
Agreement is:
3. The maximum amount $ 61,861
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 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:
BExhibit - 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 I*), are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at www. dos. ca.eov/ols/Resources/StandardContractLanauaee.asox
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR
CONTRACTOR'S NAME (if other than an individual, state whether corporation, partnership, etc.)
City of San Rafael through the San Rafael Police Department
BY (Authorized Signature)
n j?i--1 tf 4+rrr
PRINTED NKME AND TITLE OF PERSON SIGNING
Diana Bishop, Chief
ADDRESS
1400 Fifth Avenue
San Rafael, CA 94901
STATE OF CALIFORNIA
AGENCY NAME
Department of Alcoholic Beverage Control
BY (Authofrz�d .cunaNrel
PRINTED NAME AND TITLE OF PERSON SIGNING
Randall Deems, Assistant Director, Administration
ADDRESS
3927 Lennane Drive, Suite 100, Sacramento CA 95834
DATE SIGNED(Do not type)
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DATE SIGNED(DO
Sh
California Department of General
Services Use Only
® Exempt per: SCM 4.04.(A)(3)
Exhibit A
SCOPE OF WORK
1. SUMMARY
a. The City of San Rafael is the county seat for Marin County and is located 17 miles north of San
Francisco. The city encompasses 22 square miles and serves a population of 57,713 under a
Council -Manager form of government. San Rafael has 10 elementary schools, 3 high schools and 1
University. According to the San Rafael Chamber of Commerce, the majority of people living in San
Rafael are Caucasian, but 30% of the population is Hispanic or Latino decent. The median household
income is $91,400 but there is a relatively low income area in the Canal Neighborhood and a
substantial transient problem downtown.
The San Rafael Police Department has 65 sworn and 23 non-swom employees serving under the
direction of the Chief of Police. The Department is divided into two divisions: Patrol and
Administrative Services. The Patrol Division is staffed with 50 sworn officers supervised by a
Captain and includes Patrol, Traffic, SWAT, and Street Crimes Unit. The Administrative Services
Division is staffed by 15 sworn officers and 23 non -sworn employees supervised a Captain and
includes Investigations, Personnel and Training, Ranger/ Marine Auxiliary, Special Operations Unit,
School Resource, Dispatch, Records, Property, Evidence and Youth Services Bureau.
b. The San Rafael Police Department is requesting a total of $61,861 under this Grant Assistance
Program.
c. The San Rafael Police Department will use Grant funds to conduct enforcement at ABC -licensed
establishments in San Rafael and neighboring cities. Enforcement will focus on problem premise
locations with a high frequency of calls for service and past ABC violations. It will also focus on
in-service and retail training.
d. According to ABC statistics, the City of San Rafael currently has 157 on -sale and 64 off -sale
licensed establishments. This includes numerous restaurants, convenience and liquor stores, along
with bars and several nightclubs. The department will not be able to focus the necessary resources
towards the enforcement of licensed establishments due to other priorities and funding shortages.
2. PROBLEM STATEMENT:
Although San Rafael is an upper middle class community with a relatively low crime rate, many of the
problems in the community revolve around the consumption of alcohol. Several problem premise
locations drain police resources by requiring numerous responses to physical fights, arguments,
assaults, drinking in public, urination, and noise complaints.
In 2015 the San Rafael Police Department made 559 arrests for public intoxication. The rest of the
county combined, including all 11 other jurisdictions, made 409 arrests. San Rafael by far has the
largest problem with alcohol abuse within Marin County. The downtown area of San Rafael is the
area where the majority of the disorderly conduct related calls for service occur. Out of the eight bars
within the downtown area, the Spitfire Lounge, Trevor's Bar, West End Cafe and the Flat Iron
continue to be the most problematic. The police department responded to 77 assault related calls for
service at those four bars last year.
According to the 2013-2014 California Healthy Kids Survey, 37% (or more than a third) of all San
Rafael 11 th graders report having consumed alcohol in the last 30 days. That is higher than the
statewide average of 33%.
Exhibit A
SCOPE OF WORK
Of all San Rafael 11 th graders 22% (or more than 1 in 5) report binge drinking alcohol in the last 30
days (double the state average of 11%).
Alcohol is easily obtainable by teens in Marin county and it is used in large quantities. In response to
numerous incidents involving teenage drinking, the City of San Rafael passed a Social Host ordinance
modeled after the one implemented by the County of Marin. This Social Host ordinance allows the
department to obtain restitution for the time spent by officers investigating these cases.
In February of 2014 to June of 2014, the San Rafael Police Department was awarded the Minor
Decoy/ Shoulder Tap Grant Program by The Alcohol Beverage Control. The grant was very
successful and we were able to conduct two Shoulder Tap operations, two Minor Decoy operations
and one LEAD class.
In 2013, the San Rafael Police Department was selected to team up with the Marin County Health and
Human Services to participate in the Strategic Prevention Framework State Initiative Grant to reduce
underage and excessive drinking in youth ages 12 — 25. The San Rafael Alcohol Compliance Team
(SR ACT) was created through a partnership with the San Rafael Police Department and the Marin
County Department of Health & Human Services.
Through effective enforcement such as compliance checks at bars, restaurants, and special events, SR
ACT helps ensure that San Rafael businesses and residents understand and uphold laws put in place to
protect the health and safety of our community. From June of 2013 to February of 2016, the San
Rafael Police Department conducted 24 Minor Decoy operations. During the Minor Decoy operations
50 citations were issued at San Rafael on and off site licensed businesses. Thirty six Bar Compliance
Checks operations were conducted and eleven citations issued. Thirty Juvenile Parry Patrols were
conducted where 31 parties were visited and 72 citations were issued. We also conducted 5
Responsible Beverage Service training, with 14 different businesses and 35 employees attended.
In April of 2016, the ACT partnership will end and the San Rafael Police Department will no longer
have the funding to continue these types of proactive operations. The San Rafael Police Department
will have no choice to re -consider its priorities and will not be able to focus on special assignments,
undercover operations and other investigative techniques that we used to use to educate and enforce
alcohol related issues.
3. PROJECT DESCRIPTION:
The San Rafael Police Department will coordinate a working task force involving ABC, code
enforcement, local schools and the Marin County Health and Human Services. This task force will
identify problem premise locations and implement a strategy that will involve enforcement as well as
training/education with the establishments to help improve the quality of life of the citizens who live
and visit the city of San Rafael.
The San Rafael Police Department believes alcohol related problems need to be addressed utilizing a
variety of proven strategies. These strategies include aggressive enforcement of violations associated
with on -sale and off -sale establishments, education of ABC -licensed establishments to ensure
compliance, and law enforcement training to increase the expertise in ABC law. Listed below are the
approaches that we will like to take to keep our community safe.
Exhibit A
SCOPE OF WORK
In -Service Training
As part of this multi -agency model, in-service training will be provided to all patrol officers of the
participating agencies. These training will be conducted at the beginning of every month starting in
Augusts of 2016 and ending in May of 2017. The training will be conducted at the beginning of the
patrol shifts' briefing in 15 minute blocks. The topics covered will be Business and Profession codes
that will be useful to patrol officers, resources that are available to assist in investigations such as
Teenage Party Prevention, Enforcement and Dispersal (T.A.P.P.E.D) and Target Responsibility For
Alcohol Connected Emergencies (T.R.A.C.E).
Objectives:
Conduct 40 briefing trainings for all 4 patrol teams. (One training, per month, per patrol team).
Minor Decoy, Trap Door & Shoulder Tap Operations:
Based on prior Minor Decoy operations, we are aware that those operations are an effective way to
reduce access to alcohol by our youth and to make sure that stores are complying with the law by
checking identification used by people purchasing alcohol. The San Rafael Police Department has
never conducted a Trap Door type of operation but look forward to working with ABC in conducting
these operations at local bars and nightclubs.
In addition, we have found that most adults who purchase alcohol for our youth are homeless persons
who loiter in front of liquor stores. These Shoulder Tap operations have been successful during a
prior grant and we want to continue to test our liquor establishments in the future. Additional
enforcement will be conducted in conjunction with special events and juvenile related activities.
Objectives:
Conduct at least 8 Minor Decoy operations.
Conduct at least 8 Shoulder Tap operations.
Conduct at least 8 TRAP Door operations
IMPACT and LEAD training
The San Rafael Police Department recognizes the importance of educating and training the local on
and off site licensees'. There are limited resources within the department and the need to educate
these establishments is paramount in order to succeed in preventing and detouring crimes related to
alcohol abuse.
Objectives:
Conduct at least 8 IMPACT operations
Conduct at least 2 LEAD trainings.
Undercover Enforcement
Undercover enforcement will be conducted at problem premises in the cities of San Rafael and other
allied agencies in Marin County. Officers from these agencies will conduct operations in cooperation
with the Santa Rosa district office of ABC. The focus of the enforcement will include: over -serving
of intoxicated patrons and underage drinking in bars; narcotics sales and usage by bar staff and
Exhibit A
SCOPE OF WORK
patrons. Use of officers from the respective agencies will improve the success rate of operations as
officers will not be recognized by bar staff in this jurisdiction.
Objective:
Conduct at least 5 undercover operations at problem premise locations. The focus of the operations
will be to identify and locate subjects who are engaging in illegal activity in and around bars and
nightclubs in San Rafael. General enforcement in the area of ABC -licensed establishments will
include officers in uniform and plain clothes.
Additional enforcement will be conducted to coincide with downtown special events which bring a
large influx of people into the area. These events include the Farmers Market, May Madness Car
Parade and Show, and the Italian Street Painting Festival. Enforcement will also be coordinated with
school special events such as dances and end of the year events. These school -related patrols will
focus on minors consuming alcoholic beverages and issues related to the Social Host ordinance.
Increase Communication within the Community
The San Rafael Police Department is committed to working with and enhancing the quality of life for
our residents and our local businesses in problem solving partnership with our community. We
recognize the need for the public to understand what we are doing and what types of enforcement are
taking place. Issuing a press release is one of the best ways to reach the community, educate them and
detour crime from happening. We will also use our Facebook and Twitter account, which has over
9000 followers, to disseminate this information.
Objective:
Issue press releases after each operation to the local media. I will also leave contact information for
the supervising officer to respond to any questions that arise from the community to promote active
and educational dialogue.
OVERALL GRANT GOALS AND OBJECTIVES:
The San Rafael Police Department has identified the following goals and objectives as the priorities
for this Grant Assistance Project:
1. Conduct monthly briefing training in 15 -minute blocks with each Patrol Team beginning in August
2016 and continuing through May 2017.
2. Conduct at least 5 undercover operations and general enforcement operations focusing at problem
premise locations.
3. Conduct at least 8 Minor Decoy operations.
4. Conduct at least 8 Shoulder Tap operations.
5. Conduct at least 8 TRAP Door operations
6. Conduct at least 8 IMPACT inspections.
7. Work with ABC personal in setting up 2 LEAD trainings.
8. Issue a press release after every operation regarding the grant and the related activities.
4. PROJECT PERSONNEL:
This grant will be the responsibility of the Operations Services Bureau. The Project Director will be
Lieutenant Dan Fink. Sergeant Scott Eberle will be responsible for ensuring the implementation of
the various proposed strategies outlined in the project description.
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 $0.00 (NONE)
A.2 Overtime 248 hours (Sgt) @ $95.07 per hour $23,577.00
400 hours (Ofe) @ $87.40 per hour $34,960.00
A.3 Benefits 1.45% of $46,982 $849.00
TOTAL PERSONNEL SERVICES $59,386.00
B. Operating Expenses (maximum $2,500)
TOTAL OPERATING EXPENSES $0.00
C. Equipment (maximum $2,500) - -- -- ------.---- - — —
(Attach receipts for all equipment purchases to monthly billing invoice)
TOTAL EQUIPMENT $0.00
D. Travel Expense/Registration Fees (maximum $2,500)
(Registration fee for July 2016 GAP Conference attendee is $275 each)
Registration for July 2016 GAP Conference (3) Attendees at $275 each $825.00
Travel, Per Diem, and Lodging $1,650.00
TOTAL TRAVEL EXPENSE $2,475.00
TOTAL BUDGET DETAIL COST, ALL CATEGORIES $61,861.00
PAYMENT PROVISION
Page 1 of 2
Exhibit B
1. INVOICING AND PAYMENT: Payments of approved reimbursable costs (per Budget Detail
attached) shall be in 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-
101-3036, Budget Act, Statutes of 2016.
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 can 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
Page 2 of 2
Exhibit B
7. Prior authorization 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
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 furnish
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 2/19/16
Exhibit D
Special Terms and Conditions
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.
Contract Validitv: This contract is valid and enforceable only if adequate funds are
appropriated in Item 2100-101-3036, Budget Act of 2016, 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 httD://www.d2s.ca.eov/ols/Resources/StandardContractLanflllaLe.aSDX .
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 2/19/16