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HomeMy WebLinkAboutRES NO 082-18RESOLUTION NO. U 8 2— 1 B A RESOLUTION AUTHORIZING THE BAKERSFIELD POLICE DEPARTMENT (BPD) TO ACCEPT FUNDING IN THE AMOUNT OF $98,763.00, MADE AVAILABLE THROUGH THE GRANT ASSISTANCE PROGRAM (GAP) OF THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC). WHEREAS, the Bakersfield Police Department desires to undertake a certain project, designated as the Alcohol Enforcement Team, to be funded in part from funds made available through the Grant Assistance Program (GAP) administered by the Department of Alcoholic Beverage Control (hereafter referred to as ABC); and NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Bakersfield authorizes the City Manager, or his designee, to execute on behalf of the City the attached contract, including any extensions or amendments thereof and any subsequent contract with the State in relation thereto; and 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; and BE IT FURTHER RESOLVED, that grant funds received hereunder shall not be used to supplant expenditures controlled by this body; and IT IS ALSO AGREED, that this award is not subject to local hiring freezes. Signatures on the Following Page ----------000---------- o` , -Page 1 of 2 Pages V ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on JUN 2 0 1018 , by the following vote: IlrLllr M ITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JUN 101018 By A Mo A00'I KAREN GOH Mayor APPROVED AS TO FORM: By VIP413INIA QENNARO City Attorney DWS S:\BM\1 GPANTS\1 CURRENT GRANTS\STgTE -ABC@OP V\ GAP GRANTDMIN RPT -(06-07-17) RES 2017-10 ABC GAP GRANT DOCX —June 11, 2010 o` 0 AkF9^ -Page 2 of 2 Pages o ORIGINN AYES: COUNCILMEMBER: RI)W, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER NOES: COUNCILMEMBER. QN'ri ABSTAIN: COUNCILMEMBER'. ND ABSENT'. COUNCILMEMBER:A�BM IlrLllr M ITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JUN 101018 By A Mo A00'I KAREN GOH Mayor APPROVED AS TO FORM: By VIP413INIA QENNARO City Attorney DWS S:\BM\1 GPANTS\1 CURRENT GRANTS\STgTE -ABC@OP V\ GAP GRANTDMIN RPT -(06-07-17) RES 2017-10 ABC GAP GRANT DOCX —June 11, 2010 o` 0 AkF9^ -Page 2 of 2 Pages o ORIGINN STAI E OF CALIFORNIA STANDARD AGREEMENT STD 213 (Rev 06/03) AGREEMENT NUMBER 18G-LA02 REGISTRATION NUMBER 1. This Agreement is entered into between the State Agency and the Contractor EAiENLVS NPME DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL City of Bakersfield through the Bakursfield Police Department 2. The term of this July I, 26 IS through Agreement is. 3. The maximum amount $98,763 of this Agreement is. 4. The parties agree to comply with the terms and conditions of the part of the Agreement. Exhibit A -Scope of Work Exhibit B - Budget Detail and Payment Provisions Exhibit C-- General Terms and Conditions Check mark one item below as Exhibit D: 30, 2019 g exhibits which are by this reference made a _. 4 page(s) 3 page(s) Exhibit - D Special Terms and Conditions (Attached hereto as part of this agreement) Exhibit - D` Special Terms and Conditions Exhibit E - Additional Provisions GTC 0412017 1 page(s) page(s) Items shown with an Asterisk f'), are hereby incorporated by reference and made part of this agreement as it attached hereto. These documents can W viewed at 11 1. 1- 1 r IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR C ISTRACTORS NAME p1 01111 Indn an rnIrvvudt stale wlralner a lff)p1,1111o, pstlna6nrp em.1 City of Bakersfield through the Bakersfield Police Department By (Aumorrzep Slgnelurel DATE SIGNEDIn...,or ", I PRINTED NAME AND TITLE OF PERSON SIGNING Lvle Marlin. Chief 1601 Truxmn Avenue Bakersfield, CA 93301 STATE OF CALIFORNIA AGENCYNAME Department of Alcoholic Beverage Control _— Dv 1Aulnonze0 Symwrel nal E SIGNEDur., r,r,r,oy: r PRINTED NAME AND MILE DF Yh N9UN 111N1UG Pave Nelson, Chief, Business Management Branch ADDRESS 1.111 --,— 1),ivr Coin, I(III 4acrnmcntn CA 95834 4 of Coe e'ref Only ® EKempl per: SCM 4.04.(A)(3) - i 0 ORIGINAL Exhibit A SCOPE OF WORK I. SUMMARY Agency Description The City of Bakersfield is located in the county of Kern and is the 9th largest city in California. The City of Bakersfield has a population of 383,512 with a surrounding Metropolitan Statistical Area population of 893,1 19. The City of Bakersfield encompasses 150 square miles out of 8172 square miles in Kern County. The City of Bakersfield is the largest city in the county, ninth largest city in the state by population, and the fifth largest city in the state by land area. The Bakersfield Police Department was formed on January 13th, 1898, and is located at 1601 Truxtun Ave. The Bakersfield Police Department is commanded by Chief Lyle Martin and is divided into four divisions: Administration, Investigations, Operations, and Support Services. The Bakersfield Police Department consists of 555 employees; 407 sworn Police Officers and 148 civilian employees. The Bakersfield Police Department's main building is located downtown with two additional Sub -Stations located on the east and west sides of the city. The duties of the Bakersfield Police Department Vice Unit include, but are not limited to, conducting undercover surveillance and investigations which target lewd acts in public, adult entertainment, massage establishments, gambling, prostitution, human trafficking, and alcohol related offenses in the City jurisdiction. The Vice Unit works out of the downtown police building, but has a close working relationship with the Narcotics Unit as well as agents with the Drug Enforcement Agency. The Bakersfield Police Department Vice Unit also formed a working relationship with the Bakersfield Office of Homeland Security to combat human trafficking issues. The Kern County District Attorney's office was consulted. The District Attorney's office will continue to prosecute alcohol related offenses. Funding Requested The Funding amount requested for this grant period is $98,763.00. The Bakersfeld Police Department Vice unit has a long association and outstanding rapport with the members of the Bakersfield District Alcoholic Beverage Control Office (ABC). The Bakersfield Police Vice Unit and Bakersfield ABC office have worked closely on numerous operations. The Vice Unit and the investigators of the local ABC office have made sure that all needed documentation generated from either agency is readily available to one another for either criminal complaints or administrative hearings. Under the Grant Programs, the Bakersfield Police Department has and will continue to strive to achieve the objectives and results desired. The Vice Unit has been involved in numerous local task force operations to reduce disorderly, disruptive, and illegal activities occurring at ABC licensed establishments. The Bakersfield Police Vice Unit will utilize the Grant funds to implement an Alcohol Enforcement Team and continue enforcement efforts through minor decoy, shoulder lap, and undercover operations. The funds will further allow us to train police officers, licensees, and citizens. c� 9AkF9n U C ORIGINAL Exhibit A SCOPE OF WORK Goals and Objectives Through implementing, educating and enforcing the listed goals and objectives, we will work to obtain the results sought after to reduce alcohol related offenses in the City of Bakersfield and County of Kern. L The Bakersfield Police Department Alcohol Enforcement Team will identify and target problematic ABC establishments. 2. Conduct a minimum of 6 minor decoy operations. 3. Conduct a minimum of 6 shoulder tap operations. 4. Conduct a minimum of 20 undercover operations at ABC licensed establishments. 5. Conduct a minimum of 5 "Park" operations for alcohol violations in public. 6. Conduct a minimum of 7 IMPACT/ROSTF/ABC Licensee education operations. 7. Coordinate quarterly training for the Alcohol Enforcement Team with ABC investigators. 8. Conduct a minimum of 2 educational seminars (LEAD) for ABC licensees and their employees. 9. Conduct a Minimum of 2 trap door operations. 10. Inform the citizens of The City of Bakersfield/County of Kern about this project and provide updates on accomplishments through a minimum of 12 press releases along with the use of the Bakersfield Police Department's website and social media. 11. Provide roll call trainings to Officers of the Bakersfield Police Department regarding ABC laws. Number of ABC Licensed Locations The City of Bakersfield has approximately 568 on sale ABC licensed locations, 472 off sale A13C licensed locations, and 21 non -retail ABC licensees. The County of Kern outside the City of Bakersfield has 1676 on sale and off sale ABC licensed locations. The city locations are under the jurisdiction of the Bakersfield Police Department Vice Unit. However, due to our excellent working relationship with the Bakersfield ABC office, the Bakersfield Police Department Vice Unit will assist ABC agents at County establishments when requested. 2. PROBLEM STATEMENT The County of Kern is the third largest County in the State. Kern County is centrally located in California at the Southern end of the San Joaquin Valley and extends through the Tehachapi Mountains and into the Mojave Desert. The City of Bakersfield is centrally located in the County of Kern and is the largest city in the county. Kern County has three major freeways leading into its valley for easy access to its facilities and agricultural operations. Kern County has a large influx of migrant workers due to the seasonal needs of the agricultural industry. 'Phis has led to a greater number of persons seeking entertainment through alcohol related activities and in alcohol service establishments. The communities where the patrons live, and areas of travel between, have experienced DUI related traffic accidents and an increased amount oPeriminal and/or alcohol related calls for service by law enforcement. In the City of Bakersfield there are 1040 on -sale, and off -sale premises. Out of these premises, over 94 are located in Census Tract 16. According to ABC, only 4 licenses are allowed in this Census 'Pratt. This area is in downtown Bakersfield, and a large percentage of these licenses are within a 10 block area. or 9A✓E'qn _m U ORIGINAL Exhibit A SCOPE OF WORK The Union Avenue corridor extends for 15 miles, from Columbus Street on the North to Interstate 5 on the South. This corridor covers both the city and county areas and has a high number of ABC licensed establishments. A large portion of the Union Avenue corridor is surrounded by residential neighborhoods. Many of the establishments in Census Tract 16 and the Union Avenue corridor have come to the attention of the Bakersfield Police Department and local ABC office through citizen complaints, continuous calls for service and crimes being committed in and around the business premises. These crimes included public intoxication, driving under the influence, peace disturbances, assaults, prostitution, human trafficking, rape, and murder. 3. PROJECf DESCRI PI ION Our goal is to assemble a team of (1) Sergeant and (4) Detectives known as the Alcohol Entorcement Team. The goals of this team will be to improve the quality of life by reducing alcohol related offenses in the City of Bakersfield through enforcement, education and public awareness. Objective #1: Implement the Alcohol Enforcement ream to identify and target problematic ABC establishments. The Alcohol Enforcement Team will be comprised of (1) Sergeant and (4) Detectives dedicated to the enforcement of ABC laws. The Alcohol Enforcement Team will identify and target problematic ABC establishments through citizen complaints, calls for service, and crimes committed in and around the businesses. Objective #2: Conduct a minimum of six minor decoy operations at ABC licensed on -sale and off -sale establishments, targeting establishments that sell alcohol to minors. Objective 93: Conduct a minimum of six shoulder tap operations at ABC licensed off --sale establishments, targeting adults that furnish alcohol to minors. Objective #4: Conduct a minimum of twenty undercover operations in and around ABC licensed establishments (including special events: the Kern County Pair, numerous one day special events, etc.) for ABC violations, narcotic activity, prostitution, human trafficking, gambling, and other violations. Objective #5: Conduct a minimum of five "Park" operations for alcohol violations in public. The City of Bakersfield has numerous "Park" locations in which the consumption of alcohol is prevalent. These locations include, but are not limited to, Riverwalk Park, Central Park, Dr. Martin Luther King Park, Beach Park and Yokuts Park. These areas are frequented by the citizens of Kern County and thousands of visitors from throughout the state. The Alcohol Enforcement Team will work in an undercover capacity at these locations to reduce alcohol related offenses. These offenses include minors in possession and furnishing alcohol to minors. Objective 96: Conduct a minimum of seven IMPACT/ROSTP/AHC Licensee education operations. During the IMPACT operations members of the Alcohol Enforcement ream will contact ABC licensees and inform the licensees of ways they can help reduce alcohol related offenses. During these contacts, the officers will conduct inspections for compliance with ABC, State, and local laws. Q FHr 8 9 m V G ORIGINAL Exhibit A SCOPE OF WORK Objective #7: Coordinate quarterly training for the Alcohol Enforcement "ream with ABC investigators. The quarterly training will confirm information is being shared and received through the report routing system to all participants of this project. We will train on new enforcement techniques learned in the previous quarter and ways to improve our results. This training will provide us with an opportunity to develop our skills and determine which ABC establishments need enforcement action. Objective 48: Conduct a minimum of two educational seminars for ABC licensees and their employees. The Bakersfield Police Department will coordinate and provide a location for ABC licensees and their employees to attend two educational seminars through the ABC LEAD program. Objective #9: Conduct a minimum of two trap door operations. The Alcohol Enforcement Team will work with ABC licensed establishments and target minors attempting to purchase alcohol or enter a bar with false identification. Objective #10: Inform the citizens of the City of Bakersfield and County of Kern about this project and provide updates on the status and accomplishments of the program. The Bakersfield Police Department will inform the citizens of the City of Bakersfield and County of Kern by providing at least twelve news releases through our Public Information Officer. The news releases will provide information regarding the status and accomplishments of this project on a current and frequent basis. We will also work with the Bakersfield Police Community Relations Unit to disseminate information to the public through public contacts and the Bakersfield Police Department's website and social media. By informing the citizens, we can reduce the amount of ABC violations through public awareness. Objective # I I : Provide roll call training to more than 200 Officers and Supervisors of the Bakersfield Police Department regarding ABC laws. The need for additional Officers and Supervisors trained in the enforcement of ABC laws is important to the success of this program. By training Officers of Bakersfield Police Department, we can extend our enforcement and educate more citizens and ABC establishments. 4. PROJECT PERSONNEL The coordination and implementation of the grant program objectives will be the primary responsibilities of the Grant Coordinator within the Vice unit. The Vice unit consists of Sergeant Toler, who has 22 years of law enforcement experience, Detective Luera, who has 27 years of experience, Detective West, who has 23 years of experience, Detective Phippen, who has 10 years of experience, and Detective Jordan, who has 27 years of experience and will be the grant coordinator. We will work closely with local ABC to extend our reach into the community through enforcement, education, and public awareness. ��@ARsq v C ORIGINAL 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.l Straight Time Police Sergeanl - $53.63 Pal ice Detective -543.99 A.2 Overtime (1) Police Sergeant- 265 hours @ $80.45 per hoar $21,319.00 (4) Police Detectives - 1060 hours @ $65.99 per hour $69,944.00 A.3 Benefits None TOTAL PERSONNEL SERVICES $91,263.00 B. Operating Expenses (maximum 52,500) _. Buy money for undercover investigations and decoy operations $2,500.00 TOTAL OPERATING EXPENSES $2,500.00 C. Equipment (maximum $2,500) (Attach receipts for all equipment purchases to monthly billing invoice) Covert Wire $2,500.00 TOTAL EQUIPMENT $2,500.00 D. Travel Expense/ft istration Fees (maximum $2,500) (Registration fee for July 2018 GAP Conference attendee is $325 each) Conference Attendee Registration Fee x2 $650.00 Travel. per diem, and lodging for conference $1,850.00 TOTAL TRAVEL EXPENSE $2,500.00 TOTAL BUDGET DETAIL COST, ALL CATEGORIES $98,763.00 PAYMENT PROVISION Page 1 of 2 Exhibit B I. 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 2018. 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 Slate 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 Slate. �gAY� U ORIGLNgG 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 orjustifying 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. Upd=d 12/6/17 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. 3. Contract Validity: This contract is valid and enforceable only if adequate funds are appropriated in Item 2100-101-3036, Budget Act of 2018, for the purposes of this program. 4. Contractor Certifications: By signing this agreement, Contractor certifies compliance with the provisions of CCC 04/2017, Standard Contractor Certification Clauses. This document may be viewed at 11 . ,,..Jl; )v, d '1 ' I[;ai )ard( oilll " 11;wguugc.asp.c . 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. Updated 12/6/17