HomeMy WebLinkAboutAgenda Packet - July 17, 2006 - CC •
AZUSA'
INFORMATION ONLY
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: F. M DELACH, CITY MANAGER,Vk.
DATE: JULY 17, 2006
SUBJECT: REPORT ON THE ESTABLISHMENT OF A CITIZEN'S COMMITTEE TO ADVISE THE CITY
COUNCIL ON MATTERS PERTAINING TO ZONING AND DEVELOPMENT CODE COMPLIANCE
RELATIVE TO RECREATIONAL VEHICLE PARKING AND STRUCTURES IN THE FRONT YARD SET-
BACK
RECOMMENDATION
It is recommended that City Council receive and file the attached report.
BACKGROUND
The City Council considered proposed amendments to the 2005 Development Code at a hearing May 15,
2006. At that meeting Council received testimony from several residents concerned about the provisions of
the Code that pertained to recreational vehicle parking and temporary structures in the "Front Yard Set-Back"
area. Subsequently, Council held two community meetings on the subject; May 30, and June 14, 2006, to
provide ample opportunity for residents to express their feelings relative to the "New Code provisions".
In response to resident complaints and concerns Council directed the establishment of a Citizen's
Committee, and requested all parties interested in the issue to submit their interest in writing to the City
Manager. The City Manager was directed to select nine (9) members; 3-RV Owners opposed to the Code
amendments, 3-Neutral individuals, and 3-Residents favorable to revised Code amendments.
Staff received eleven (1 letters/notes of interest. The following nine individuals have been selected to
provide a through stud of the issues and provide recommendations to Council at the earliest possible date.
The individuals are: jFrances Melanson i7
James Sanford Jr. /pie/at /L
Art Morales
Don Boline
Peggy Martinez Oliqj
Jorge Rosales
Bart Luce
Mike Trelles
Roman Seano
!it is suggested that the Committee meet at least twice a month in order to expedite its final
p
recommendations. Staff will poll the committee members as to their availability and schedule the first
meeting as soon as possible given summer vacation schedules.
FISCAL IMPACT
There is no fiscal impact at this time.
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AZUSA
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT GARCIA, CHIEF OF POLICE
VIA: F.M. DE LACH, CITY MANAGER titto
DATE: JULY 17, 2006
SUBJECT: ADOPTION OF A RESOLUTION FOR THE POLICE DEPARTMENT TO ENTER INTO
A STANDARD AGREEMENT CONTRACT ACCEPTING A GRANT AWARD FROM THE
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing the
Chief of Police to enter into the attached Standard Agreement contract with the
Department of Alcoholic Beverage Control (ABC) accepting $26,259 from the Grant
Assistance to Local Law Enforcement Agencies Project.
BACKGROUND
The Department of ABC announced they were set to award $3 million in grants for
Fiscal Year 2006/2007 to local law enforcement agencies in the State of California to
fight alcohol-related crime. The grants are part of an ABC program to provide grant
assistance to local law enforcement agencies to target liquor license locations that
generate alcohol-related crime problems in their communities. This year, the Azusa
Police Department submitted a grant application/proposal to ABC and was notified in
mid-June that the Department was awarded $26,259.
The objectives of the Azusa Police Department under this grant are to provide
education and training to the businesses and citizens of Azusa, to provide education
regarding the enforcement of ABC laws to officers and to implement pro-active overt
and covert enforcement strategies. A copy of the Standard Agreement contract and
the referenced exhibits (Exhibit A through Exhibit E) are available in the City Clerk's
office for review. The term of the agreement is from July 1 , 2006 through June 30,
2007.
The grant funds will reimburse the City for officers that will work these pro-active
overt and covert operations on an overtime basis, provides for "buy money," and
reimburses for identified equipment (i.e. camcorder and two radios) and for
designated officers to attend an ABC conference.
FISCAL IMPACT
The payment(s) of approved reimbursable costs outlined in the contract/exhibits are
drawn down from the $26,259 grant award via the State Controller's Office on a
monthly basis, but are initially borne by the City's general fund.
Prepared by:
Captain Sam Gonzalez
2
RESOLUTION NO.
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 $26,259 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
$26,529; 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 06G-LAO2), 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 17th day of July, 2006.
Diane Chagnon, Mayor Date
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the
City of Azusa at a regular meeting thereof held on the 17th day of July, 2006, by the following vote
of the Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Vera Mendoza, City Clerk Date
•
STATE OF CALIFORNIA
'STANDARD AGREEMENT AGREEMENT NUMBER
STD 213(Rev 06/03) 06G-LA02
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 Azusa through the Azusa Police Department
2 The term of this July 1,2006 through June 30,2007
Agreement is:
3. The maximum amount $ $26,259.00
of this Agreement is:
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference mad
a part of the Agreement:
Exhibit A- Scope of Work/Project Narrative 7 pages
Exhibit B -Budget Estimate 1page
Exhibit C- General Terms and Conditions GTC 304*
Exhibit D - Payment Provisions 2 pages
Exhibit E Special Terms and Conditions 1 page
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. ols.dgs.ca.gov/Stand+Language
IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto.
CONTRACTOR California Department of General
Services Use Only
CONTRACTOR'S NAME(If other than an individual,state whether a corporation,partnership,etc.)
City of Azusa through the Azusa Police Department
BY(Authorized Signature) DATE SIGNED(Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
Robert Garcia,Acting Chief of Police
ADDRESS
725 North Alameda Avenue
Azusa, CA 91702
STATE OF CALIFORNIA
AGENCY NAME
Department of Alcoholic Beverage Control
BY(Authorized Signature) DATE SIGNED(Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING ® Exempt per
Dennis J. Clear,Assistant Director,Administration
ADDRESS GC14616
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
Exhibit A
PROJECT NARRATIVE
Maximum 8 pages for Narrative
Font Size no smaller than 12 pitch
BACKGROUND
The City of Azusa was founded in 1887 and incorporated as a general law city on December 29,
1898. The city is located in the County of Los Angeles, situated 27 miles northeast of Los Angeles,
and nestled against the San Gabriel mountain foothills. The City of Azusa encompasses 9.5 square
miles and has a population of approximately 45,000.
Educational facilities include fifteen public elementary/middle schools, three high schools, one
private elementary school, one adult education school and one large private university (Azusa
Pacific University). In addition, Citrus College, a public junior college,is located directly on the
border of Azusa. As a result, the underage.drinking population is abundant within the city limits.
The Azusa Police Department is a full service law enforcement agency employing 62 police officers
and 23 civilian positions. AZPD operates its own jail, has its own SWAT team, and participated in
multi-agency task forces such as DEA/ HIDTA, LA IMPACT, TRAP and DEA/MET.
• During nine months of the year, the police department's training division conducts various POST
approved and department related training. The training division also utilizes briefing as a time for
training and presentations. In addition, members of AZPD attend off-site POST approved training
appropriate to their current assignments.
AZPD has embraced a community policing philosophy and each member has attended the Edmund
G. "Pat" Brown Institute community policing training program. The department has three patrol
lieutenants assigned to act as a community liaison for their respective sectors. AZPD's goal is to
promote a secure environment and to ensure a safe community for the citizens of Azusa.
The department has also conducted numerous" Citizens Academy" classes in an effort to have the
community become more familiar with law enforcement and to build a working relationship with the
police department. AZPD is dedicated to Community Oriented Policing. Officers work not only to
apprehend criminals, but also to assess the needs of the community from a problem solving
standpoint.
Over the years, the City of Azusa has had many problem establishments that have been licensed by
the Department of Alcoholic Beverage Control. For example, the AZPD had a problem location
known as "Semags and Strops". This bar had an inordinate amount of calls for service, and several
fights and narcotic violations had occurred in and around the location. Patrons of this bar included
known members of the "Azusa 13" street gang and "Mongols" motorcycle gang. In 2003, ABC's
Special Operations Unit worked in conjunction with the department in conducting a successful long .
term operation in which several narcotic purchases were made from the bartender, a few patrons as
well as a known dealer in the city. This investigation resulted in the revocation of the license.
In another instance, Benny's Liquor, is located in the center of an area known as "the
neighborhood", where the gang problem is prevalent. In 2005, Benny's Liquor was the scene of two
hate crimes which were perpetrated by known Azusa 13 gang members. The store was not
cooperative with law enforcement in providing information or in furnishing surveillance tapes at the
time of the crimes.
Exhibit A
AZPD notified the El Monte District Office of the two major crimes, and provided calls for
service for the location. An investigation ensued, and the licensee was put on notice for a
disorderly premise. Investigators from ABC also did an IMPACT inspection at the location,
in which they informed the licensee of his necessity to cooperate with the local law
enforcement. This was another successful investigation which resulted in several
conditions being placed upon the liquor license, such as restricting the hours of sales of
alcoholic beverages and requiring illumination and surveillance cameras of the parking lot
and adjacent alley where the crimes were occurring. Calls for service have noticeably
decreased since the implementation of these conditions.
AZPD and ABC's El Monte Office have conducted Minor Decoy Operations whichresulted
in citations, prosecutions and administrative hearings for the involved establishments.
Additionally, a Shoulder Tap operation was conducted, and several citations were issued
to adults for furnishing alcohol to minors, as well as other criminal offenses. The El Monte
District Office has also utilized our Police Explorers to conduct minor decoy operations in
not only Azusa, but in other cities as well in a cooperative effort.
The City of Azusa has long had a history of alcohol related crimes due to the number of
licensed locations and the abundance of large residential parties. With the rapid continued
growth of APU and Citrus College on its border, the underage drinking population is only
going to continue to expand.
AZPD has explored many ways to enforce alcohol related laws. In addition to working with
the ABC on occasion, we currently participate in two multi-agency DUI task forces and
•
hold a grant from the Office of Traffic Safety for DUI checkpoints.
AZPD also has a working relationship with APU Campus Safety and contacts this office to
report students involved in alcohol related offenses as well as other crimes. In turn, APU
takes corrective action against their students. Since APU is a Christian-based university,
they frown upon their students being involved in any criminal offenses, and are not
opposed to taking swift disciplinary action.
AZPD enjoys the support of the citizens of Azusa and city government in the enforcement
of traffic and alcohol related offenses. In the event AZPD receives this grant, the project
supervisor will be the Operations Captain.
PROBLEM STATEMENT
Currently, the City of Azusa serves approximately 45,000 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) has an approximate total student population of
8,200. 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 lot of students in possession of
Exhibit A
false identification, which hinders the store clerk's ability to refuse the sales of alcohol. A
new approach, perhaps ABC's "Cops in the Shop" program, may be the tool needed to
deter these underage students from purchasing 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. AZPD would like to coordinate a TAPPED
program to respond specifically to these parties, and serve as a deterrent for the future.
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. As stated in the
above two investigations involving "Semags and Strops" and `Kenny's Liquor", known
Azusa 13 gang members were directly involved. AZPD has also identified a few other
problem premises in the city, which are known for selling alcohol to underage gang
members.
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.
Azusa Canyon has a history of alcohol related tragedies with many teenagers purchasing
alcohol and driving up Azusa Canyon Road. Although the majority of Azusa Canyon is
patrolled by the Los Angeles 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. Currently, the city has 90 premises licensed by the Department of
Alcoholic Beverage Control; 43 on-sale and 47 off-sale premises.
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.
As previously stated, the Azusa Police Department has always taken alcohol related crime
seriously. AZPD employs 62 police officers and 23 civilian positions: However, the
department is currently only staffed with 54 sworn and 22 civilian positions. AZPD has a
history of being able to retain its personnel, but due to recent and near future retirements,
a high percentage of experienced officers are retiring. Regrettably, this temporary
reduction in personnel is leaving the department short staffed and unable to participate in
enforcement strategies outside of patrol.
With the addition of grant assistance, AZPD will have the funding necessary to be
proactive in enforcement of the ABC Act. 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 El Monte ABC Office. This grant would
serve as a foundation for enhanced ABC relations and programs during the course of the
grant period and beyond.
Exhibit A
PROJECT OBJECTIVES
The project 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 objectives:
1. 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 briefing 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.
This objective will be measurable by the number of sworn and non-sworn personnel
trained as well as the number of reports forwarded to ABC'after the establishment of the
new criteria.
2. Educate the community, APU, Azusa Unified School District and licensed locations
about the project goals 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 project will be discussed and input 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.
APU Campus Safety 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.
To educate retail locations we will work in conjunction with ABC in coordinating ABC
IMPACT and ROSTF programs. This will give the retail location the opportunity to be
directly informed and educated of their obligations of complying with ABC regulations.
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 furnished to establishments who wish to have their employees receive further
training.
Exhibit A
This objective will be measurable by the number of ABC premises inspected; the number
of violations that were corrected upon second inspection; the number of press releases;
number of community meetings; and number of brochures disseminated by APU and
AUSD to their respective student population.
3. Conduct 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 at problematic premises.
Enforcement operations will be coordinated with ABC and will include, but not be limited to
the MINOR DECOY, SHOULDER TAP, and TAPPED operations. Other effective
enforcement operations such as COPS IN SHOP and UNDERCOVER OPERATIONS will
be utilized if warranted by circumstances. 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.
Other enforcement operations will be coordinated with ABC to conduct undercover
operations in locations known to harbor B-girl and narcotic activity. Sworn personnel will
work in conjunction with the ABC investigators to bring such problem premises into
compliance by providing necessary documentation, assist in identifying known problem
persons and locations, and assisting with the arrests of suspects.
This objective will be measurable by the number of arrest and/or citations issued during
these operations; the number of persons contacted or detained during the operations; and
the percentage of successful criminal prosecutions.
Exhibit A
METHOD OF PROCEDURE
Once the grant is funded the Operation 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 an "ABC Liaison" to the El Monte District
Office.
Quarter 1:
Attend Grant Conference
ABC roll call training.
ABC training to non sworn personnel
Community meeting / involvement
Press releases
IMPACT / ROSTF / LEAD
Quarter 2:
Implement ABC enforcement techniques
MINOR DECOY OPERATION
SHOULDER TAP
TAPPED
UNDERCOVER OPERATIONS
Continue training
Continue community meetings
Press releases
Quarter 3:
Attend Mid-Year Conference
Access progress of project
IMPACT / ROSTF / LEAD
Community meeting / involvement
Press releases
Continue enforcement activities as needed
Quarter 4:
Continue enforcement activities as needed
•
Provide additional education and training as needed
Begin Final report in accordance with ABC requirement specified
Report to be completed and submitted to ABC June 30, 2007
Exhibit A
METHOD OF EVALUATION
A statistical analysis will be done comparing the number of citations / arrests and incidents
at licensed locations during the period of the grant. Information will also be gathered from
debriefings, community meetings, APU and from AUSD to further evaluate the project.
In summary, these are the major questions that need evaluation at the end of the project.
• Did the average AZPD patrol officer and average AZPD supervisor become better
trained at understanding and enforcing ABC violations?
• Based on training and enforcement actions, were the majority of prosecutions and
administrative actions successful?
• Is the community better informed and educated to act as a resource in the future?
• Are the ABC establishments better informed and trained so they can act as more
responsible businesses in the community?
• Department wide, was there an increase in the number of alcohol-related citations
&/or arrests compared to previous years?
• Was there an increase in the number of reports taken and forwarded to the ABC
district office per 24202 B & P?
ABC LIAISON
The Azusa Police Department and ABC have jointly conducted Minor Decoy Operations,
Shoulder Tap and undercover operations in the City of Azusa. The department enjoys a
strong working relationship with the El Monte District Office as well as the SOU Office.
The department has also worked together on the previously stated investigations which
resulted in several citations, one revocation and conditional restrictions on an off sale
license.
Based on the past experiences between the agencies and previous success in the
programs, the grant is predisposed to a successful outcome. We believe this grant will
further enhance the already strong relationship between the agencies and help support our
cooperative efforts against alcohol related violations.
STATEMENT OF INTENT
The City of Azusa is committed to maintaining and furthering the relationship with ABC
personnel as we address issues arising in our ever changing community. The Department
knows the only effective method of addressing community problems is to bring together a
variety of resources to establish coalitions dedicated to resolving issues.
This grant will enable this department to utilize ABC's expertise in the enforcement of the
ABC Act. This partnership will provide department personnel with training, and a better
understanding of a variety of techniques used in investigating ABC violations. This grant
will also educate the community as well as provide education to the ABC licensees. This
partnership has already proven successful in the past, and the department hopes to
effectively work together with ABC during the time period of the grant and beyond.
Exhibit B
BUDGET ESTIMATE
COST
:s (Roand all budget amounts to
nearest dollar)
Police Officer at $60.98 per O/T hour x Est. 256 hours $15,611.
Sergeant at$74.00 per O/T hour x Est 52 hours $3,848
TOTAL PERSONNEL SERVICES $19,459
Decoy Operations, Shoulder Tap Operations and Narcotics Investigation $500
"buy money".
TOTAL OPERATING EXPENSES $500
, , ��"4 � x tg
Mini DV Camcorder $800
Two handheld radios $2000
$2800
TOTAL EQUIPMENT $2800
January and July Grant Meetings $2750
Registratoin Fees $750
TOTAL TRAVEL EXPENSE $3,500
�<, • =w .4/ t = , _ L 26,259.00
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GTC 304
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and
approved by the Department of General Services, if required. Contractor may not commence
performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid
unless made in writing, signed by the parties and approved as required. No oral understanding or
Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in
part,without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department,the Department of General Services,
the Bureau of State Audits, or their designated representative shall have the right to review and
to copy any records and supporting documentation pertaining to the performance of this
Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three
(3) years after final payment, unless a longer period of records retention is stipulated. Contractor
agrees to allow the auditor(s) access to such records during normal business hours and to allow
interviews of any employees who might reasonably have information related to such records.
Further, Contractor agrees to include a similar right of the State to audit records and interview
staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7,Pub.
Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its
officers, agents and employees from any and all claims and losses accruing or resulting to any
and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation
furnishing or supplying work services, materials, or supplies in connection with the performance
of this Agreement, and from any and all claims and losses accruing or resulting to any person,
firm or corporation who may be injured or damaged by Contractor in the performance of this
Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during
any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of
any payments should the Contractor fail to perform the requirements of this Agreement at the
time and in the manner herein provided. In the event of such termination the State may proceed
with the work in any manner deemed proper by the State. All costs to the State shall be deducted
from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to
the Contractor upon demand.
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor,
in the performance of this Agreement, shall act in an independent capacity and not as officers or
employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of
perjury, the minimum, if not exact,percentage of recycled content,both post consumer waste
and secondary waste as defined in the Public Contract Code, Sections 12161 and 12200, in
materials, goods, or supplies offered or products used in the performance of this Agreement,
regardless of whether the product meets the required recycled product percentage as defined in
the Public Contract Code, Sections 12161 and 12200. Contractor may certify that the product
contains zero recycled content. (Pub. Contract Code §§ 10233, 10308.5, 10354)
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor
and its subcontractors shall not unlawfully discriminate,harass, or allow harassment against any
employee or applicant for employment because of sex,race, color, ancestry,religious creed,
national origin,physical disability(including HIV and AIDS),mental disability,medical
condition(cancer), age (over 40), marital status, and denial of family care leave. Contractor and
subcontractors shall insure that the evaluation and treatment of their employees and applicants
for employment are free from such discrimination and harassment. Contractor and subcontractors
shall comply with the provisions of the Fair Employment and Housing Act(Government Code
Section 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder(California
Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair
Employment and Housing Commission implementing Government Code Section 12990 (a-f), set
forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated
into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its
subcontractors shall give written notice of their obligations under this clause to labor
organizations with which they have a collective bargaining or other Agreement.
Contractor shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES
contained in the document CCC 304 are hereby incorporated by reference and made a part of this
Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein,shall be in
compensation for all of Contractor's expenses incurred in the performance hereof, including
travel,per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance
with the laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if
these services or goods are obtained by means of a competitive bid,the Contractor shall comply
with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1). "Public purchase" means a purchase by means of competitive bids of goods, services, or
materials by the State or any of its political subdivisions or public agencies on whose behalf the
Attorney General may bring an action pursuant to subdivision(c) of Section 16750 of the
Business and Professions Code.
2). "Public purchasing body" means the State or the subdivision or agency making a public
purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body,the bidder offers and agrees that if the bid is
accepted, it will assign to the purchasing body all rights,title, and interest in and to all causes of
action it may have under Section 4 of the Clayton Act(15 U.S.C. Sec. 15) or under the
Cartwright Act(Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the
Business and Professions Code), arising from purchases of goods, materials, or services by the
bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and
become effective at the time the purchasing body tenders final payment to the bidder.
Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or
settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor
shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand,
recover from the public body any portion of the recovery, including treble damages, attributable
to overcharges that were paid by the assignor but were not paid by the public body as part of the
bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code
Section 4553.
d. Upon demand in writing by the assignor,the assignee shall,within one year from such
demand, reassign the cause of action assigned under this part if the assignor has been or may
have been injured by the violation of law for which the cause of action arose and(a)the assignee
has not been injured thereby, or(b)the assignee declines to file a court action for the cause of
action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: "For any Agreement in excess of$100,000,the
contractor acknowledges in accordance with Public Contract Code 7110,that:
a). The contractor recognizes the importance of child and family support obligations and shall
fully comply with all applicable state and federal laws relating to child and family support
enforcement, including,but not limited to, disclosure of information and compliance with
earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5
of Division 9 of the Family Code; and
b) The contractor, to the best of its knowledge is fully complying with the earnings assignment
orders of all employees and is providing the names of all new employees to the New Hire
Registry maintained by the California Employment Development Department."
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is
unenforceable or held to be unenforceable, then the parties agree that all other provisions of this
Agreement have force and effect and shall not be affected thereby.
*18. UNION ACTIVITIES: For all contracts, except fixed price contracts of$50,000 or less, the
Contractor acknowledges that:
By signing this agreement Contractor hereby acknowledges the applicability of Government
Code Section 16645 through Section 16649 to this agreement and agrees to the following:
a) Contractor will not assist,promote or deter union organizing by employees performing work
on a state service contract, including a public works contract.
b)No state funds received under this agreement will be used to assist,promote or deter union
organizing.
c) Contractor will not, for any business conducted under this agreement, use any state property to
hold meetings with employees or supervisors, if the purpose of such meetings is to assist,
promote or deter union organizing, unless the state property is equally available to the general
public for holding meetings.
d) If Contractor incurs costs, or makes expenditures to assist,promote or deter union organizing,
Contractor will maintain records sufficient to show that no reimbursement from state funds has
been sought for these costs, and that Contractor shall provide those records to the Attorney
General upon request.
*This provision is stayed pending the outcome of the litigation entitled, Chamber of
Commerce v. Lockyer(April 2004) 364 F3d 1154.
S:\ADMIN\homepage gtc 304 kay.doc
Exhibit D
Payment Provisions
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 2006.
2. Revisions to the "Project Narrative" and the "Budget Estimate" may be requested by a change
request letter submitted by the Contractor. If approved by the State, the revised Grant Assistance
Program 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.
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 Estimate" 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.
•
Exhibit D
7. Prior authorization by the State in writing is required before Contractor will be reimbursed for
any purchase order or subcontract exceeding $3,000 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.
Exhibit E
Special Terms and Conditions
1. 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.
3. Contract Validity: 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 2100-101-3036, Budget Act of 2006, for the purposes of
this program.
4. Contractor Certifications: By signing this agreement, Contractor certifies compliance
with the provisions of CCC 304, Standard Contractor Certification Clauses. This
document may be viewed at: www.dgs.ca.gov/contracts. _
5. 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.
__.
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AZUSA
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BOB GARCIA, INTERIM CHIEF OF POLICE
VIA: F. M. DELACH, CITY MANAGER/1iv
DATE: JULY 17, 2006
SUBJECT: SIREN PURCHASE - 2005 HOMELAND SECURITY
GRANT
RECOMMENDATION
It is recommended that the City Council approve the selection of vendor
American Signal Corporation for the purchase of a Siren in the amount of
$11,154.47
BACKGROUND
The Office of Emergency Services applied for a siren grant in July, 2004, from
the Bay Area CAER organization, to develop an early warning notification
system for the residential area at the mouth of the Canyon. The grant was for
an "E57” siren built by Hormann America, rated at 105 decibels to cover a 'h
mile radius. This is the same radius as the Mountain Cove residential area.
However, once installed, the siren demonstrated poor results because the
canyon walls easily distorted the volume. Additionally, it was unable to carry
sound through turbulent winds, the San Gabriel River, and traffic noise from
Highway 39.
Three bids were received in response:
1 ‘(
American Signal Corporation $11,154.47 �rl
SafetyCom, Inc. $12,080.11
ProComm Marketing, Inc. $13,047.73 1//�
- „
4
Funds to replace the siren were pursued through the 2005 Homeland Security
Grant. The grant offered a subcategory to provide for the purchase of
specialized equipment to enhance the capability of state and local government
to develop systems for public notification and warning.
This is a request to purchase a larger siren to replace the small siren at the
same location. All of the existing radio communications system will be used.
This siren is rated at]28 decibels, at a 4.6 mile radius. This siren was tested
during the bi-annual siren test in the month of April, and successfully covered a
larger area with greater volume. It features a Rotational Head with 360 degree
rotation, 3-tone signals, and battery backup in the event power goes out.
The remaining grant funds will be used for re-wiring services by
Communications Center in the amount of $500 and purchase and installation
of a 55 foot pole from Light and Water in the amount of $1,550.
FISCAL IMPACT
This is a reimbursement grant from the State of California Homeland Security
Grant Program. The County of Los Angeles and the State of California, upon
receipt of goods by the City of Azusa Police Department, will process
reimbursement. Reimbursement is expected to take 60-120 days.
PREPARED BY
Olga Bruno, Emergency Services Coordinator
OB/SirenPurchase
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