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HomeMy WebLinkAboutResolution No. 14-C34RESOLUTION NO. 14-C34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO THE ATTACHED STANDARD AGREEMENT CONTRACT WITH THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL ACCEPTING $28,000 FROM THE GRANT ASSISTANCE TO LOCAL LAW ENFORCEMENT AGENCIES PROJECT. WHEREAS, The City of Azusa Police Department desires to undertake a certain project to address problematic alcohol-related crime and enhance the working relationship with the Alcoholic Beverage Control (hereafter referred to as ABC) to be funded from funds made available through the Grant Assistance to Local Law Enforcement Agencies Project administered by ABC in the amount of $28,000; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Azusa authorizes the Chief of Police, on its behalf to sign and execute the attached State of California Standard Agreement contract (Agreement Number 14G-LA01), including any extensions or amendments thereof and any subsequent contract with the State in relation thereto. FURTHERMORE, It is agreed that any liability arising out of the performance of this contract, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The State of California and ABC disclaim responsibility for any such liability. FURTHERMORE, Be it further resolved that grant funds received from this contract shall not be used to supplant expenditures controlled by this body. FURTHERMORE, It is also agreed that this award is not subject to local hiring freezes. PASSED, APPROVED and ADOPTED this 16th day of June, 2014. Zoseph Romero Rocha Mayor ATTEST: Ir r qnce Cornej r. City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Resolution No. 14-C34 was duly adopted by the City Council of the City of Azusa at a regular meeting thereof, held on the 16`h day of June, 2014, by the following vote of Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ffv L e Cornejo, J ., F City Clerk STATE OF CALIFORNIA STANDARD AGREEMENT STD 213 (Rev 06/03) AGREEMENT NUMBER 14G-LA01 REGISTRATION NUMBER 1. This Agreement is entered into between the State Agency and the Contractor r amed below: STATE AGENCY'S NAME DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL CONTRACTOR'S NAME City of Azusa through the Azusa Police Department 2. The term of this )uly 1, 2014 through June 30, 2015 Agreement is: 3. The maximum amount $ 28,000 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 Check mark one item below as Exhibit D: 8Exhibit - D Special Terms and Conditions (Attached hereto as part of this agreement) Exhibit - D* Special Terms and Conditions Exhibit E — Additional Provisions GTC 610 1 page(s) page(s) items shown with an Asterisk ('), are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at www.dos.ca.00v/ols/Resources/StandardContractLanouaoe asox IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR coN TRACTOR'S NAME (Anther than an individual, state whethera corporation, partnership, etc.) City of Azusa through the Azusa Police Department BY (Au I HHINTEO NAME AND TITLE OF P Samuel Gonzalez, Chief ADDRESS 725 N. Alameda Avenue Azusa, CA 91702 STATE OF CALIFORNIA AGENCY NAME apartment of Alcoholic Beverage Control (Authorized Signature) PRINTED NAME AND TITLE OF PERSON SIGNING Ed Jimenez, Assistant Director, Administration AUUHESS 3927 Lennane Drive, Suite 100; Sacramento CA 95834 SIGNED(Do not type) DATE SIGNED(Do nal owe) California Department of General Services Use Only ®Exemptper: SCM4.04.(A)(3) SCOPE OF WORK 1. Summary Exhibit A a. The Azusa Police Department is a very active and well respected agency located 26 miles east of Los Angeles in the San Gabriel Valley. The department consists of 63 sworn officers and is organized into four divisions: Patrol, Traffic, Detective Bureau and Support Services. The department operates its own city jail and is a full service police department. The city is split into three service areas, with one lieutenant for each area and covers approximately 9.5 square miles. Additionally, Azusa P.D. participates in several regional narcotic task forces, a regional Gang Task Force, an AB 109 Task Force and is a member of the Avoid the 100 Los Angeles County DUI Task Force. In addition to the residential population of approximately 47,000 people, the city is also home to Azusa Pacific University which has a student population of approximately 9,900 students. Recently, Azusa Pacific University and the Azusa Police Department has teamed together to create a University Resource Officer position where an Azusa Police Officer works on campus to more effectively work together to address University related crimes and issues. b. The Azusa Police Department is respectfully requesting a grant from the Alcoholic Beverage Control in the amount of $28,000.00 to provide overtime staffing and resources for a one year compliance, education, and enforcement campaign aimed at reducing alcohol related crimes, police calls for service, and the sale of alcohol to minors at the ABC licensed establishments within the city of Azusa. c. Goals and Objectives: . ABC roll call training for all sworn personnel ABC training to all non -sworn personnel Community meeting / involvement Press releases as well as utilizing AZPD's Social Media Team LEAD TRAINING (1 Training) IMPACT / ROSTF inspections (35 Locations) Implement ABC enforcement techniques using: MINOR DECOY OPERATION (3 Operations) SHOULDER TAP (2 Operations) TAPPED / "Party Cans" DUI / 25602 B&P Enforcement UNDERCOVER OPERATIONS - B -girl Operations - Narcotics Operations - Drinking in Public / Habitual Drunkards Operations d. Within the city limits there are 89 ABC retail licenses within the City of Azusa, consisting of 41 on sales, 46 off sales and 2 non retail licenses. 2. Problem Statement Exhibit A Currently, the City of Azusa serves approximately 47,000 residents in a 9.5 square mile area. The City of Azusa has also annexed a portion of land in the northeast portion of the city, in which a housing project of approximately 1250 homes, a few parks and a K-8 school are currently being constructed. The Azusa Unified School District has a student population of approximately 11,650 students. Azusa Pacific University (APU) is following a growth plan and now has an approximate total student population of 9,900. In addition, Citrus College, a public junior college, is located directly on the border of Azusa and has a total student population of approximately 12,000. As a result, the underage drinking population is abundant within the city limits. The department has received numerous complaints on problematic premises for sales of alcohol to minors, particularly to APU students. There are a large number of students in possession of false identification, which hinders the store clerk's ability to refuse the sales of alcohol. AZPD often receives calls for service in regards to large parties with alcohol being consumed at the off -campus student housing located within the city. Unfortunately, the resources available to the department do not allow for the officers to do anything other than break the party up or issue warnings. In recent years, several liquor stores near the campuses have been identified as locations where under aged college students purchased alcoholic beverages. For example, in the past, the Azusa Police Department received a formal complaint from the Azusa Pacific University campus safety stating that one liquor store in particular was selling alcohol to some of their under aged students on a regular basis. With limited resources, we have only been reactive to this complaint without making any meaningful impact. The City of Azusa also has a large Hispanic gang known as "Azusa 13" which frequents licensed establishments and creates a challenge to law enforcement. These gang members are known to frequent and loiter around some of our licensed locations and commit both violent crimes and narcotic related crimes. AZPD has also identified additional problem premises in the city, which are known for selling alcohol to underage subjects and gang members. Within the City of Azusa there is also a growing problem with sales and service to obviously intoxicated individuals as well as incidents of drinking in public. The number of habitual drunkards continues to increase and there have been an increasing number of incidents where these continually intoxicated subjects have been involved in assault with deadly weapon incidents, fatal traffic accidents, while also purchasing alcoholic beverages for minors. The Police Department has been told by other law enforcement agencies that the problems with habitual drunkards will significantly increase when the Metro Goldline Extension is completed in 2015 and the two "end of the line stations" are located within the City of Azusa. Azusa Canyon, located on the northern most border of the city, leads into the Angeles National Forest. This canyon has many recreational sites including a gun range, hiking areas and a four wheel drive recreational area. Unfortunately, this is also the destination of many illegal street racers, motorcycle gangs and teenagers looking to get intoxicated. The canyon has a history of alcohol related tragedies that include teenagers purchasing alcohol, driving into or out of Azusa Canyon and becoming involved in injury traffic collisions. Although the majority of Azusa Canyon is patrolled by the Los Angeles County Sheriffs Department; AZPD is usually called for assistance since there is normally only one patrol unit covering the entire canyon. A great amount of the alcohol being consumed in the Azusa Canyon is purchased within the city of Azusa. Exhibit A In addition to the underage drinking problem, Azusa has a couple of problematic premises that involve `B - girl's" and narcotics. The locations have been worked by ABC in the past, with successful operations, but have since gone back to violating the law. These premises need to be brought back into compliance with the assistance of ABC and their expertise in undercover operations. 3. Project Description With this grant, AZPD emphasizes prevention through the process of education, training and enforcement. The City of Azusa desires to be a resource for responsible citizens, businesses and the youth within the community. AZPD intends to accomplish the following goals and objectives: Early in the grant period, AZPD will develop and implement a structured ABC training program for sworn personnel in the area of identifying problematic premises, utilizing effective enforcement tactics and emphasizing the necessity for proper documentation. The goal is to have ABC provide training to sworn personnel in a roll call setting. Additional training will be provided to sergeants and corporals in order for them to effectively supervise monitor and act as a department resource in the area of ABC violations and enforcement. Non -sworn personnel will also receive training to meet the criteria of forwarding reports to ABC per 24202 B&P. This will allow for a more efficient flow of information, which in turn will improve the enforcement of the ABC Act through the criminal court system and also assist ABC in taking appropriate action in an administrative setting. The number of sworn and non-swom personnel trained as well as the number of reports forwarded to ABC after re-examination of A7 -PD's procedures will demonstrate this accomplishment. In addition to enforcement, we have specific objectives such as training officers to recognize and document ABC violations and training civilian staff to forward appropriate reports to the Monrovia ABC Office to assist them in identifying problem locations. This grant would serve as a foundation for enhanced ABC relations and programs during the course of the grant period and beyond. We would like to teach our officers how to do IMPACT inspections to educate licensees what they need to do to meet ABC standards, and then follow up with decoy operations to ensure their compliance. In order to address the problem of furnishing of alcohol to minors by adults, we will also conduct shoulder tap operations at licensed premises. Another objective of this grant will be to educate the community, APU, Azusa Unified School District and licensed locations about the goals of this grant and seek their input and support. This will be an ongoing objective, utilizing a Department representative who currently attends community meetings such as Chamber of Commerce, Kiwanis and Rotary meetings. The goals of the ABC grant will be discussed and input and feedback regarding our accomplishments will be sought. Additionally, press releases will be done notifying the public of the grant and its objectives as well as the results of enforcement actions taken during the grant's time period. These press releases and objectives will also be posted on the Azusa Police Department's web page and other department social media sites. APU Campus Safety as well as the University Resource Officer will also play a role in accomplishing our goals by assisting in the dissemination of information of alcohol related problems, and educating their student population. Exhibit A To educate retail locations we will work in conjunction with ABC in coordinating ABC IMPACT and ROSTF programs. When conducting IMPACT inspections we will also request that City of Azusa Code Enforcement accompany us on the inspections. This will give the retail location the opportunity to be directly informed and educated of their obligations of complying with ABC regulations as well as Azusa Municipal Codes. IMPACT reports will be completed and the licensee will receive a copy of this report, and the PD will maintain a copy of this report for their records. LEAD training schedules will also be famished to establishments who wish to have their employees receive further training. Like several agencies suffering from budget restraints in today's financial climate, we would use this funding to provide officers the ability to be proactive in addressing alcohol related crime at some of our problematic locations. AZPD will utilize proven and effective enforcement operations using guidelines established by ABC, resulting in the reduction of availability and subsequent use of alcohol by minors; and resulting in the reduction of B -girl activity and narcotic violations. Enforcement operations will be coordinated with ABC and will include, but not be limited to the MINOR DECOY, SHOULDER TAP, and TAPPED operations. Other enforcement operations will be coordinated with ABC to conduct UNDERCOVER OPERATIONS in locations known to harbor B -girl and narcotic activity. When conducting the B -girl and narcotics investigations, we will request that Employment Development Department (E.D.D.) Agents and City of Azusa Code Enforcement be included in the takedown. Sworn personnel will be trained in these programs, and learn the various techniques and programs unique to the ABC in the enforcement of alcohol related violations. We would also like to train our officer to conduct undercover operations targeting "drinking in public" and "habitual drunkards" in or around licensed premises or public places. In addition, AZPD would like to make the best use of our resources. For example, conducting a TAPPED operation or "party car" to address house parties that may occur with underage minors, in conjunction with a "drunk" task force with a DUI patrol and undercover officers working in bars watching for service to obviously intoxicated persons. Sworn personnel will work in conjunction with the ABC agents and assist in identifying known problem persons, locations, and assisting with the arrests of suspects. This attainment will be evaluated by the number of arrests and/or citations issued during these operations; the number of persons contacted or detained during the operations; and the percentage of successful criminal prosecutions. Lastly, AZPD will work with the Azusa City Council to possibly implement a municipal code making it illegal to sell single containers of alcohol, and also to create a "social host" ordinance to address the house parties. These types of municipal codes have proven effective in other cities in the region. 4. Project Personnel This grant will be staffed on an overtime basis by personnel from the Patrol Division and from the Detective Bureau. The number of staff will be determined per operation by the ABC Liaison, Officer John Wachowski. Once the grant is funded the Operations Captain (or his Lt. Designee) will direct all grant activities. A sergeant will oversee the program, organize AZPD's immediate support in ABC related enforcement efforts, and designate Officer Wachowski as an "ABC Liaison" to the Monrovia District Office. BUDGET DETAIL Exhibit B BUDGET CATEGORY AND LINE -ITEM DETAIL COST foto nearest dollar) amounts budgA. Personnel Services (Straight Time Salaries, Overtime, and Benefits) A.1 Straight Time: Officer- $47 hr Corporal- $50 hr Sergeant- $59 hr $18,460 A.2 Overtime: Officer- $79 hr Corporal- $82 hr Sergeant- $97 hr $5,340 A.3 Benefits: Officer- $33(OT) Corporal- $34 (OT), Sergeant- $41 (OT) Calculated @ 260 hrs for Officer and 60 hrs for Sergeant TOTAL PERSONNEL SERVICES $23,800 B. Operating Expenses (maximum $2,500) Decoy Operations, Shoulder Tap Operations, 13 -girl operations and Narcotics Investigations "buy money" TOTAL OPERATING EXPENSES $700 _C. Equipment (maximum $2,500) (Attach receipts for all equipment purchases to monthly billing invoice) Undercover Surveillance devices (i.e. undercover body wire), $1,500 Wireless Tablet / Software / Accessories Educational Materials TOTAL EQUIPMENT $1,500 D. Travel Expense/Registration Fees (maximum $2,000) (Registration fee for July 2014 GAP Conference attendee is $27each) Registration for July GAP Conference $2000 Travel, per diem and lodging for the July GAP Conference TOTAL TRAVEL EXPENSE $2,000 TOTAL BUDGET DETAIL COST, ALL CATEGORIES $28,000 PAYMENT PROVISION Page 1 of 2 Exhibit B 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- 101-3,036, Budget Act, Statutes of 2014. 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 cannot exceed allotted amount as shown on Budget Detail. The total amount of the contract must remain unchanged. 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 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 1/10114 Exhibit D Special Terms and Conditions 1. Dispute s: 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. 3. Contract t_Validity: This contract is valid and enforceable only if adequate funds are appropriated in Item 2100-101-3036, Budget Act of 2014, 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 www.ols.dgs-ca.gov/sta dard+lan age. S. 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 1/10/14