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Home My WebLink AboutA6126 - CA DEPT OF ALCOHOLIC BEVERAGES STATE OF CALIFORNIA STANDARD AGREEMENT STD 21 J (Rev 06/03) MjSK- i 16G LA28 R'CIS ,-rATION N[110ehR 1. This Agreement is entered into between the State Agency and the Contractor flamed below: DEPARTMENT OF ALCOliOLIC BEVERAGE CONTROL GONTFlHCTOR'G NM1E City of Palm Springs through the Palm Springs Police Department 2. The term of this July 1, 2016 through tune 30, 2017 Agreement is: 3 The maximum amount $48,619 of this Agreement is: 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. Exhibit A- Scope of Work 4 page(s) Exhibit B - Budget Detail and Payment Provisions 3 page(s) Exhibit C*-General Terms and Conditions GTC 610 Check mark one item below as Exhibit D: Exhibit- D Special Terms and Conditions (Attached hereto as part of this agreement) 1 page(s) Exhibit- D* Special Terms and Conditions Exhibit E-Additional Provisions pages) 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 wevw dgaca,goy[ofslNesources StandardConiractLariguag_e aspx IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto. --- CONTRACTOR California Department of General - services Use Only CONTRACTOR'S NAME of other than an indivhYuat,were whether a corporation.partnership,ate.) City of Palm Springs through the Palm Springs Police De artment eA�/J�torNAME,INU TITLE OF PERSON SIGNING RIN1F,( 9 Bryan Reyes, Chief Ity anager ADDRESS 200 South Civic Drive Palm Springs, CA 92202 STATE OF CALIFORNIA _...-_-_—__.-.-....----------. -- - - ------ AGE NCY tJAME I Department of Alcoholic Beverage Control � P.Y(A t hwt, gnature) IAT£Sitar J!Do ar. )n - P-UN F[)NAMF .NonTLE P ..t ..,IGNiNG v Exempt per: SCM 4,04,(A)(3) Randall Deems, Assistant Director, Administration Art OREES i A�e3927 L_ennane Drive, Suite 100, Sacramento CA 9-5834 ar. APPROVED 13Y CITY COUNCIL ity Clerk Exhibit A SCOFF. OF WORK 1. SUMMARY: Agency Description: The Palm Springs Police Department is a municipal law enforcement agency serving a destination resort community with a variable population ranging between 47,000 and over 100,000. The police department currently has an allotted 93 sworn officers; 35 of whom are assigned to patrol. The remaining officers are assigned to detectives, traffic, and administration. The Palm Springs Police Department is responsible for patrolling the nearly 95 square miles that are within the city limits. The department has three divisions; operations, services, and investigations. Funding Requested: The Palm Springs Police Department is requesting funding in the amount of S48,6 19.04 through an ABC grant in order to assist us in combating the problem of alcohol-related criminal activity and alcohol use by minors. Goals and Objectives; Through the use of ABC grant funds, the Palm Springs Police Department is committed to expanding its current efforts in addressing alcohol related criminal activity and alcohol use by minors. One of the goals of the department throughout the grant period is to reduce alcohol related complaints and accusations against businesses by 50%from the beginning of the grant period to the end. Another goal within the grant period is to reduce calls for service from licensed problematic establishments involving disorderly conduct by 20%. The Palm Springs Police Department will attempt to meet these goals with the following objectives: Organizational training, Education, Publicity and media, Analysis and identification, and Enforcement. The enforcement objective will include several operations targeting various aspects of alcohol enforcement: Shoulder Tap, I.M.P,A.C.T., T.A.P.P.E.D., Trap Door, and L.E.A.D. training. 2. PROBLEM STATEMENT: The City of Palm Springs will be the target area of this program. It is located approximately 90 miles east of Los Angeles. The city encompasses an area of approximately 95 square miles. The permanent population of Palm Springs is 47,000. With approximately 4 million visitors annually to this resort destination, the population swells to nearly 100,000 during the nine month tourist season. These visitors come to Palm Springs to enjoy the weather and recreational activities, including Indian gaming. According to the United States Census Bureau, approximately 53% of the permanent population is between 18 and 65 years of age. The City of Palm Springs has approximately 265 ABC licensed establishments. There are 48 licensed for off%ale and 217 licensed for on-sale purchases. The department has identified several of these establishments that are problematic, thus requiring an inordinate amount of police service. One of these locations,an off-sale establishment, has generated over 1000 calls for service or patrol checks over the past 2 I/2 years. Several other locations routinely generate over 100 calls for service or patrol checks per year. Since the city is a resort community, there is a large number of alcohol-related crimes caused or aggravated by excessive alcohol consumption. Conservative estimates place the percentage of crimes caused or aggravated by alcohol abuse on any given weekend night shift at 75%. Due to budgetary constraints,the Palm Springs Police Department has been unable to keep up with the increase in calls generated by alcohol related crimes and the increase in visitors frequenting downtown, Indian gaming Exhibit A SCOPE OF WORK casinos and resort hotels. In 2013, Palm Springs had the fourth highest number of drunk driving related traffic collisions for a city of its size in the entire State of California. We have been actively targeting drunk drivers with assistance from an OTS funded DUI enforcement grant. There is no doubt that there would be a greater impact on drunk drivers if the problem was also being attacked by targeting those locations that serve alcohol to already intoxicated patrons and to those who over serve. It is the position of the Palm Springs Police Department to take a proactive stance against alcohol involved criminal activity, rather than a reactive approach. The department will use these grant funds to attack the problem of alcohol involved crimes on a separate front from the DUI enforcement program. ABC grant funds would be used to implement several different creative approaches designed to impact alcohol involved criminal activity and alcobol use by minors. These creative approaches include, but are not limited to: Shoulder tap operations; minor decoy operations; IMPACT operations: patty patrols; education; and community awareness programs. The department would welcome any additional funding to help reduce instances of alcohol related crimes and alcohol use by minors in the community. 3. PROJECT DESCRIPTION: Goal: The Palm Springs Police Department will utilize ABC grant funds to continue its efforts in addressing alcohol related criminal activity; alcohol related complaints and accusations against businesses; and use of alcohol by minors. The department will employ the following methods: Organizational training, Education, Publicity, Analysis and identification,and enforcement. Objectives: 1. Organizational training: Within the first 30 days and with the assistance of ABC, establish an ABC:licensee tracking system for all violations and incident information about ABC licensees in the City. Within the first 30 days and with the assistance of ABC personnel, provide training for all department personnel in the goals and objectives of the grant project, including the role that each employee plays in achieving those goals and objectives. This training will also include where and when most of the ABC violations occur, how to detect these violations, how to prepare documentation in support of an ABC: violation case, how to identify a disorderly house and other community resources. Also, within the first 30 days, to identify and implement a streamlined system for transmitting arrest reports involving licensees to ABC. 2. Education: Beginning within the first 90 days of the grant period, and to be completed by the end of the grant period, in conjunction with ABC,provide quarterly training to all retail ABC licensees and their employees in how to prevent alcohol sales to minors, how to identify and refuse service to obviously intoxicated individuals, and how to avoid common A13C violations. Also, within the first 90 days, in conjunction with ABC, develop a program with the Palm Springs Police Department School Resource Officer to educate parents and underage about the potential person; farnily, financial, and legal hazards of consuming or condoning alcoholic beverage consumption by minors, and/or supplying alcohol to minors. Exhibit A SCOPE OF WORK 3. Publicity and Media: On a continuous basis, throughout the grant period, to publicize through all local media outlets, the actions taken to accomplish these objectives and the positive results of this .ABC funded grant project. The media will be invited to accompany the multidisciplinary teams as they conduct certain operations funded by this grant. There will be a minimum of four(4) press releases sent out daring this grant period. 4. Analysis and Identification: Utilizing data, within the first 90 clays, to record and analyze the number of montlily disorderly/ law enforcement problem administrative accusations filed against problematic ABC licensed establishments. During the remainder of the grant period; to reduce the number of monthly disorderly/law enforcement problem administrative accusations at the identified problematic ABC Iieensed establishtents by 50%, utilizing a combination of educational and enforcement related measures. The department will also compare the number of disorderly/disturbance calls at previously identified problematic licensee locations at the beginning of the grant period. These numbers will be compared to the numbers at the end of the grant period. The goal is for a 209/0 decrease. 5. Enforcement: Shoulder Tap /Decoy - Palm Springs polices officers accompanied by ABC agents will conduct four (4) underage "decoy", and four(4) "shoulder tap" operations, beginning within the first 90 days of the grant period and to be completed by April 30th 2017, IMPACT -Palm Springs police officers accompanied by ABC agents will conduct five(5) IMPACT operations targeting all.ABC licensed businesses in the city. IMPACT (Informed Merchants Preventing Alcohol-Related Crime Tendencies) teams will consist of one (1) sergeant, two (2) uniformed police officers and one (1) ABC agent. Two teams will deploy during each operational shift.These operations will begin within the first 90 days of the grant period and they will be completed by May 15th 2017. TAPPED - (Teenage Party Prevention, Enforcement and Dispersal) Palm Springs police officers will conduct four(4)TAPPED operations targeting underage alcohol consumption at parties. Each TAPPED operation will consist of two (2) uniformed Palm Springs police officers. These operations will begin within the first 90 days of the grant period and will be completed by May 15th 2017. Trap Door- Palm Springs police officer accompanied by ABC agents will conduct four (4) "trap door" operations targeting tite use of falsified identification cards by juveniles. LEAD Training- Palm Springs police officers will accumpany ABC agents in quarterly LEAD training to be held at the Palm Springs Police Department. There will be a minimum of two (2) training sessions hosted within this grant period. 4. PROJECT PERSONNEL: The Patin Springs Police Deparnnent patrol division will he responsible for managing the grant. Sgt. Erik Larson will be responsible fur they day-to-day activities surrounding the grant, including Exhibit A SCOPE OF WORK monthly and final reports. The only grant paid employees will be those PSPD police officers,records personnel,and dispatchers who will be working approved grant-funded operations on an overtime basis. ABC agents and police explorers will not be compensated from grant funds. All sworn PSPD employees will be eligible to participate in all field activities regarding the grant. A PSPD dispatcher will be needed to handle radio traffic during some of the larger enforcement operations of the grant. All positions will be on an overtime basis and will be posted for sign-up per the PSPD contract overtime policy. The following is a breakdown of the personnel and man hours needed for each operation of the grant: Shoulder Tap/Decoy operation - Requires one (1) PSPD sergeant, two (2) PSPD officers,two (2) ABC:agents, and two (2) 16-19 year old decoys (Explorers)per operation. 'total of eight (8) operations will require 192 paid man hours. IMPACT- Requires one (1) PSPD sergeant, two (2) PSPD officers and two (2) ABC agents per operation.Total of five (5) operations will require 144 paid man hours. TAPPED - Requires two (2) PSPD officers. Total of four(4)operations will require 64 paid man hours. Trap Door- Requires one (1) PSPD sergeant, two (2)PSI'D officers and two (2)ABC: agents per operation.Total of four (4) operations will require 96 paid man hours. LEAD Training - Requires one (1) PSPD sergeant, two (2) PSPD officers and one (1) ABC agent per training session. Total of two (2) sessions will require 48 paid man hours. BUDGET DETAIL, Exhibit B BUDGET CATEGORY AND LINE-ITEM DETAIL COST (Round budget amounts A. Personnel Services (Straight Time Salaries,Overtime, and Benefits) to nearest dollar) A.1 Straight Time A.2 Overtime Top step officer overtime rate - S79.03 $29,083.00 Top step sergeant overtime rate-S93.O0 $14,136.00 A.3 Benefits TOTAL PERSONNEL SERVICES $43,219.00 B. Operating Expenses (maximum $2,500) - _ Buy money for four(4)decoy and four(4)shoulder tap operations $400.00 TOTAL OPERATING EXPENSES $400.00 C. E4uipment (maximum $2,500) (Attach receipts for all equipment purchases to monthly billing invoice) Surveillance equipment:body wire with recording device $2,500.00 TOTAL. EQUIPMENT $2,500.00 D. Travel Expense/Registration Fees (maximum $2,500) (Registration fee for July 2016 GAP Conference attendee is $275 each) Registration fee for two attendees to the 2016 GAP conference in San Diego $550.00 Travel,lodging,and per diem for two attendees to the conference S 1,950.00 TOTAL. TRAVEL EXPENSE $2,500.00 TOTAL BUDGET DETAIL COST, ALI, CATEGORIES $48,619.00 PAYMENT PROVISION' Exhibit B Page 1 of 2 1. INVOICING AND PAYMENT: Payments of approved reimbursable costs (per Budget Detail attached) shall be in arrears and made via the. State Controller's Office. Invoices shall be submitted in duplicate on a monthly basis in a format specified by the State. Failure to submit invoices and reports in the required format shall relieve the State from obligation of payment. Payments will be in arrears, within 30 days of Department acceptance of Contractor performance, pursuant to this agreement or receipt of an undisputed invoice, whichever occurs last. Nothing contained herein shall prohibit advance payments as authorized by Item 2100- 101-3036, Budget Act, Statutes of 2016. 2. Revisions to the "Scope of Work" and the "Budget Detail" may be requested by a change request letter submitted by the Contractor. If approved by the State, the revised Grant Assistance Scope of Work and/or Budget Detail supersede and replace the previous documents bearing those names. No revision can exceed allotted amount as shown on Budget Detail. The total amount of the contract must remain unchanged. 3. Contractor agrees to refund to the State any amounts claimed for reimbursement and paid to Contractor which are later disallowed by the State after audit or inspection of records maintained by the Contractor. 4. Only the costs displayed in the "Budget Detail" are authorized for reimbursement by the State to Contractor under this agreement. Any other costs incurred by Contractor in the performance of t)tis 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 Stale 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. PAYMT,NT PROVISION Exhibit B Page 2 of 2 T Prior authorization by the StAe 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'b 19/.1 G Exhibit 1) Special Terms and Conditions 1. [h�utes: 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. germination Without Cause: Either party may terminate this agreement at any time for any reason upon ten (10) days written notice.. No penally 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 2016, for the purposes of this program. 4. Contactor Certifications: By signing this agreement, ( :onlract( r certifies compliance with the provisions of C:CC 307, Standard Contractor Certification Clauses. This document may be viewed at tlttp;Lww.dgs.ca.ggy/ols/Resvurc es[Stand ud(. cnitractl.3ltage_aspx . 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 2/19/16 A RESOLUTION OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACCEPTING A GRANT FROM THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL IN THE AMOUNT OF $48,619.00 FOR ALCOHOL ENFORCEMENT AND ENFORCEMENT AND AWARENESS PROJECT. WHEREAS, The City of Palm Springs desires to undertake a certain project designated as Alcohol Enforcement and Awareness Project 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); NOW, THEREFORE, BE IT RESOLVED that the City Manager of the City of Palm Springs is authorized to execute on behalf of The Palm Springs City Council the attached contract, including any extensions or amendments thereof and any subsequent contract with the State in relation thereto. 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. BE IT FURTHER RESOLVED that the grant funds received hereunder shall not be used to supplant expenditures controlled by this body. IT IS ALSO AGREED that this award is not subject to local hiring freezes. APPROVED THIS 15'" DAY OF June, 2016. David H. Ready, City Man ATTEST: CEFi IFIED COPY I certify that this is n true and co;rect copy of the document i on file in the oiwal records of the City of Halm Springs. i mes Thompson, City Clerk I CERTIFICTA!gCRgrtif Cation must appear in blue with an orginal STATE OF CALIFORNIA ) sinnah_A. COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that said action was approved at a regular meeting of the City Council of the City of Palm Springs on June 15, 2016, by the following vote: AYES: Councilmember Foat, Councilmember Kars, Councilmember Roberts, Mayor Pro Tern Mills, and Mayor Moon. NOES: None. ABSENT: None, ABSTAIN: None. X3des Thompson, City Clerk tty of Palm Springs, California i •, STATE OF,CALIFORNIA STANDARD AGREEMENT STD 213(Rev 06/03) AGREEMENT NUMBER 15G-LA20 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 Palm Springs through the Palm Springs Police Department 2, The term of this July 1, 2015 through June 30, 2016 Agreement is: 3. The maximum amount $ 64,000 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 GTC 610 Check mark one item below as Exhibit D: ® Exhibit- D Special Terms and Conditions(Attached hereto as part of this agreement) 1 page(s) Exhibit-D* Special Terms and Conditions Exhibit E—Additional Provisions page(s) Items shown with an Asterisk(), are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at www.das.ca.aov/ols/Resources/StandardContractLanouage.aspx IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto. CONTRACTOR California Department of General Services Use Only CONTRACTOR'S NAME(it other than an individual,state whether corporation,partnership,etc.) City of Palm Springs through the Palm Springs Police Department BY(Authorized Signature) DATE SIGNE (no not qN) PRINTED NAME AND TITLE OF PERSO I David H. Ready, City Manager ADDRESS 3200 E. Tahquitz Canyon Way Palm Springs,CA 92262 STATE OF CALIFORNIA AGENCY NAME Department of Alcoholic Beverage Control BY(Authorized Sig ) ` ^, DATE SIGNED( type s iJ PRI NAM N 44;e ® Exempt per. SCM 4.04.(A)(3) d Jimene Assistant Dvector dministration ADDRESS 3927 Lennane Drive, Suite 100; Sacramento CA 95834 Exhibit A SCOPE OF WORK 1. SUMMARY: Agency Description: The Palm Springs Police Department is a municipal law enforcement agency serving a destination resort community with a variable population ranging between 47,000 and over 100,000. The police department currently has an allotted 91 sworn officers; 35 of whom are assigned to patrol. The remaining officers are assigned to detectives,traffic, and administration. The Palm Springs Police Department is responsible for patrolling the nearly 95 square miles that are within the city limits. The department has three divisions; operations, services, and investigations. Funding Requested: The Palm Springs Police Department is requesting funding in the amount of $64,000.00 through an ABC grant in order to assist us in combating the problem of alcohol-related criminal activity and alcohol use by minors. Goals and Objectives: Through the use of ABC grant funds,the Palm Springs Police Department is committed to expanding its current efforts in addressing alcohol related criminal activity and alcohol use by minors. One of the goals of the department throughout the grant period is to reduce alcohol related complaints and accusations against businesses by 50%from the beginning of the grant period to the end. Another goal within the grant period is to reduce calls for service from licensed problematic establishments involving disorderly conduct by 20%. The Palm Springs Police Department will attempt to meet these goals with the following objectives: Organizational training, Education, Publicity and media,Analysis and identification, and Enforcement. The enforcement objective will include several operations targeting various aspects of alcohol enforcement: Shoulder Tap, I.M.P.A.C.T., T.A.PY.E.D., Trap Door, and L.E.A.D. training. 2. PROBLEM STATEMENT: The City of Palm Springs will be the target area of this program. It is located approximately 90 miles east of Los Angeles. The city encompasses an area of approximately 95 square miles. The permanent population of Palm Springs is 47,000. With approximately 4 million visitors annually to this resort destination, the population swells to nearly 100,000 during the nine month tourist season. These visitors come to Palm Springs to enjoy the weather and recreational activities, including Indian gaming. According to the United States Census Bureau, approximately 53% of the permanent population is between 18 and 65 years of age. The City of Palm Springs has approximately 259 ABC licensed establishments. There are 48 licensed for off-sale and 211 licensed for on-sale purchases. The department has identified several of these establishments that are problematic, thus requiring an inordinate amount of police service. One of these locations, an off-sale establishment,has generated over 1000 calls for service or patrol checks over the past 2 1/2 years. Several other locations routinely generate over 100 calls for service or patrol checks per year. Since the city is a resort community,there is a large number of alcohol-related crimes caused or aggravated by excessive alcohol consumption. Conservative estimates place the percentage of crimes caused or aggravated by alcohol abuse on any given weekend night shift at 75%. Due to budgetary constraints,the Palm Springs Police Department has been unable to keep up with the increase in calls generated by alcohol related crimes and the increase in visitors frequenting downtown, Indian gaming Exhibit A SCOPE OF WORK casinos and resort hotels. In 2012, Palm Springs had the dubious distinction of having the third highest number of drunk driving related traffic collisions for a city of its size in the entire State of California. We have been actively targeting drunk drivers with assistance from an OTS funded DUI enforcement grant. There is no doubt that there would be a greater impact on drunk drivers if the problem was also being attacked by g tar etin those locations that serve alcohol to already intoxicated patrons and to those who over serve. targeting It is the position of the Palm Springs Police Department to take a proactive stance against alcohol involved criminal activity,rather than a reactive approach. The department will use these grant funds to attack the problem of alcohol involved crimes on a separate front from the DUI enforcement program. ABC grant funds would be used to implement several different creative approaches designed to impact alcohol involved criminal activity and alcohol use by minors. These creative approaches include, but are not limited to: Shoulder tap operations;minor decoy operations;IMPACT operations;party patrols; education; and community awareness programs. The department would welcome any additional funding to help reduce instances of alcohol related crimes and alcohol use by minors in the community. 3. PROJECT DESCRIPTION: Goal: The Palm Springs Police Department will expand its current efforts in addressing alcohol related criminal activity; alcohol related complaints and accusations against businesses; and use of alcohol by minors, through a comprehensive ABC program that will encompass five main strategies: Organizational training; education; publicity and media; analysis and identification; and enforcement. Objectives: 1. Organizational training: Within the first 30 days and with the assistance of ABC, establish an ABC licensee tracking system for all violations and incident information about ABC licensees in the City. Within the first 30 days and with the assistance of ABC personnel,provide training for all department personnel in the goals and objectives of the grant project, including the role that each employee plays in achieving those goals and objectives. This training will also include where and when most of the ABC violations occur, how to detect these violations,how to prepare documentation in support of an ABC violation case, how to identify a disorderly house and other community resources.Also, within the fast 30 days, to identify and implement a streamlined system for transmitting arrest reports involving licensees to ABC. 2. Education: Beginning within the first 90 days of the grant period, and to be completed by the end of the grant period, in conjunction with ABC,provide quarterly training to all retail ABC licensees and their employees in how to prevent alcohol sales to minors, how to identify and refuse service to obviously intoxicated individuals, and how to avoid common ABC violations. Also,within the first 90 days, in conjunction with ABC, develop a program with the Palm Springs Police Department School Resource Officer to educate parents and underage about the potential person, family, financial,and legal hazards of consuming or condoning alcoholic beverage consumption by minors,and/or supplying alcohol to minors. Exhibit A SCOPE OF WORK 3. Publicity and Media: On a continuous basis, throughout the grant period, to publicize through all local media outlets, the actions taken to accomplish these objectives and the positive results of this ABC funded grant project. The media will be invited to accompany the multidisciplinary teams as they conduct certain operations funded by this grant. There will be a minimum of four (4) press releases sent out during this grant period. 4. Analysis and Identification: Utilizing data, within the first 90 days,to record and analyze the number of monthly disorderly/law enforcement problem administrative accusations filed against problematic ABC licensed establishments. During the remainder of the grant period; to reduce the number of monthly disorderly/law enforcement problem administrative accusations at the identified problematic ABC licensed establishments by 50%,utilizing a combination of educational and enforcement related measures. The department will also compare the number of disorderly/disturbance calls at previously identified problematic licensee locations at the beginning of the grant period. These numbers will be compared to the numbers at the end of the grant period. The goal is for a 20%decrease. 5. Enforcement: Shoulder Tap/Decoy-Palm Springs polices officers accompanied by ABC agents will conduct four (4)underage "decoy", and four(4) "shoulder tap" operations, beginning within the first 90 days of the grant period and to be completed by April 30th 2016. IMPACT-Palm Springs police officers accompanied by ABC agents will conduct eight(8) IMPACT operations targeting all ABC licensed businesses in the city. IMPACT (Informed Merchants Preventing Alcohol-Related Crime Tendencies) teams will consist of one (1) sergeant,two (2) uniformed police officers and one (1) ABC agent. Two teams will deploy during each operational shift. These operations will begin within the first 90 days of the grant period and they will be completed by May 15th 2016. TAPPED-(Teenage Party Prevention, Enforcement and Dispersal) Palm Springs police officers will conduct four(4) TAPPED operations targeting underage alcohol consumption at parties. Each TAPPED operation will consist of two(2) uniformed Palm Springs police officers. These operations will begin within the first 90 days of the grant period and will be completed by May 15th 2016. Trap Door- Palm Springs police officer accompanied by ABC agents will conduct four(4) "trap door" operations targeting the use of falsified identification cards by juveniles. LEAD Training-Palm Springs police officers will accompany ABC agents in quarterly LEAD training to be held at the Palm Springs Police Department. There will be a minimum of two (2) training sessions hosted within this grant period. 4. PROJECT PERSONNEL: The Palm Springs Police Department patrol division will be responsible for managing the grant. Sgt. Erik Larson will be responsible for they day-to-day activities surrounding the grant, including Exhibit A SCOPE OF WORK monthly and final reports. The only grant paid employees will be those PSPD police officers,records personnel,and dispatchers who will be working approved grant-funded operations on an overtime basis. ABC agents and police explorers will not be compensated from grant funds. All sworn PSPD employees will be eligible to participate in all field activities regarding the grant. A PSPD dispatcher will be needed to handle radio traffic during some of the larger enforcement operations of the grant. A PSPD records clerk will be needed to handle the additional paperwork and filing for some of the operations of the grant. All positions will be on an overtime basis and will be posted for sign-up per the PSPD contract overtime policy. The following is a breakdown of the personnel and man hours needed for each operation of the grant: Shoulder Tap/Decoy operation- Requires one (1) PSPD sergeant, two (2) PSPD officers, one(1) PSPD records clerk,two (2)ABC agents, and two(2) 16-19 year old decoys (Explorers)per operation. Total of eight(8) operations will require 320 paid man hours. IMPACT-Requires one (1) PSPD sergeant, four(4) PSPD officers, one(1) PSPD dispatcher,one (1) PSPD records clerk, and two (2)ABC agents per operation. Total of eight (8) operations will require 560 paid man hours. TAPPED - Requires two (2) PSPD officers,one(1)dispatcher, and one(1) PSPD records clerk per operation. Total of four(4)operations will require 128 paid man hours. Trap Door - Requires one (1) PSPD sergeant,two (2)PSPD officers and two (2) ABC agents per operation. Total of four(4) operations will require 96 paid man hours. LEAD Training-Requires one(1) PSPD sergeant, two (2)PSPD officers and one (1) ABC agent per training session. Total of two(2) sessions will require 48 paid man hours. BUDGET DETAIL Exhibit B BUDGET CATEGORY AND LINE-ITEM DETAIL COST A. Personnel Services (Straight Time Salaries, Overtime, (Round budget amounts and Benefits) to nearest dollar) A.1 Straight Time 0 0 A.2 Overtime Top step officer overtime rate- $79.03 $50,579.00 A.3 Benefits Top step sergeant overtime rate-$93,00 $8,928.00 ...................... TOTAL PERSONNEL SERVICES $59,507.00 B Operating Expenses (maximum $2,500) .................. . Buy money for four(4)decoy and four(4)shoulder tap operations $400.00 ....-._-........._-_... ........................... TOTAL OPERATING EXPENSES 5400.00 C. Equipment(maximum $2,500) (Attach receipts for all equipment purchases to monthly billing in Three(3)tactical vests for officers during undercover operations $1200.00 Three(3)mesh 'POLICE" vests $293.00 Three(3)tactical earpieces for radios $600.00 ............................................................................ ........................... TOTAL EQUIPMENT $2,093.00 D_Travel Expense/Reg.stration Fees (maximum $2,000 --- �— - (Registration fee for July 2015 GAP Conference attendee is $225 each) Registration fee for two attendees to the 2015 GAP conference in Sacramento $450.00 Travel,lodging, and per diem for two attendees to the conference $1,550.00 TOTAL TRAVEL EXPENSE $2,000,00 TOTAL BUDGET DETAIL COST, ALL CATEGORIES $64,000.00 PAYMENT PROVISION Exhibit B Pagel of 2 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 2015. 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. 3. Contractor agrees to refund to the State any amounts claimed for reimbursement and paid to Contractor which are later disallowed by the State after audit or inspection of records maintained by the Contractor. 4. Only the costs displayed in the "Budget Detail" are authorized for reimbursement by the State to Contractor under this agreement. Any other costs incurred by Contractor in the performance of this agreement are the sole responsibility of Contractor. 5. Title shall be reserved to the State for any State-furnished or State-financed property authorized by the State which is not fully consumed in the performance of this agreement. Contractor is responsible for the care, maintenance, repair, and protection of any such property. Inventory records shall be maintained by Contractor and submitted to the State upon request. All such property shall be returned to the State upon the expiration of this contract unless the State otherwise directs. 6. If travel is a reimbursable item, the reimbursement for necessary traveling expenses and per diem shall be at rates set in accordance with Department of Personnel Administration rates set for comparable classes of State employees. No travel outside of the State of California shall be authorized. No travel shall be authorized outside of the legal jurisdiction of Contractor without prior authorization by the State. PAYMENT PROVISION Exhibit B Page 2 of 2 7. Prior authorization by the State in writing is required before Contractor will be reimbursed for any purchase order or subcontract exceeding $2,500 for any articles, supplies, equipment, or services to be purchased by Contractor and claimed for reimbursement. Contractor must justify the necessity for the purchase and the reasonableness of the price or cost by submitting three competitive quotations or justifying the absence of bidding. 8. Prior approval by the State in writing is required for the location, costs, dates, agenda, instructors, instructional materials, and attendees at any reimbursable training seminar, workshop or conference, and over any reimbursable publicity or educational materials to be made available for distribution. Contractor is required to acknowledge the support of the State whenever publicizing the work under the contract in any media. 9. It is understood between the parties that this contract may have been written before ascertaining the availability of appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the contracts were executed after that determination was made. 10.BUDGET CONTINGENCY CLAUSE - It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount. Updated 1/28/15 Exhibit D 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 adequate funds are appropriated in Item 2100-101-3036, Budget Act of 2015, 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 http://www dqs ca gov/ols/Resources/StandardContractLanguap-e.asl2x . 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 1/29/15 STATE OF MIFORNIA STANDARD AGREEMENT STD 213(Rev 05M) AGREEMENT NUMBER 15G-LA20 j REGISTRATION NUMBER 1. This Agreement is entered into between the State Agency and the Contractor named bebw. STATE AGENEYS NAME DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL CONnVZMRS NAW City of Palm Springs through the Palm Springs Police Department 2. The term of this July 1,2015 through June 30,2016 Agreement is: 3. The maxinum amount $64,000 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 GTC 610 Check mark one item below as Exhibit D: FM Exhibit-D Special Terns and Conditions(Attached hereto as part of this agreement) 1 page(s) FM Exhibit-D•Special Terms and Conditions Exhibit E—Additional Provisions page(s) Hams shown with an Asterisk(), are hereby incorporated by reference and made part of this agreemenk as if affached hemlo. These documents can be viewed at wwwdos ca aoy/otJResourcea/Standa IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto. CONTRACTOR CaWamia Department of General CONTRACTOR'S NAME(MeMerthea an ax9uiduef,afate xMeMera W/porWan,paMNahlµ a(c) Servk es Use Only City of Palm Springs through the Palm Springs Police Department i, DATE 51G IYArI 7 PRINTED NAME AND 7TrLE OF PERSON NG David H.Ready,City Manager ADDRESS 3200 E.Tahquitz Canyon Way Palm Springs,CA 92262 STATE OF CALIFORNIA AGENCY NAME Department of Alcoholic Beverage Control BY(AL""ad ft"Wmp PATE SIGNED(Do nor W) PRINTED NAME AND TITLE OF PERSON SIGNING ®Exempt per; SCM 4.04.(A)(3) Ed Jimenez, Assistant Director,Administration ADDRESS 3927 Lennane Drive,Suite 100;Sacramento CA 95934 Exhibit A SCOPE OF WORK 1. SUMMARY: Agency Description: The Palm Springs Police Department is a municipal law enforcement agency serving a destination resort community with a variable population ranging between 47,000 and over 100,000.The police department currently has an allotted 91 sworn officers;35 of whom are assigned to patrol.The remaining officers are assigned to detectives,traffic,and administration. The Palm Springs Police Department is responsible for patrolling the nearly 95 square miles that are within the city limits.The department has three divisions; operations, services, and investigations. Funding Requested: The Palm Springs Police Department is requesting funding in the amount of $64,000.00 through an ABC grant in order to assist us in combating the problem of alcohol-related criminal activity and alcohol use by minors. Goals and Objectives: Through the use of ABC grant funds, the Palm Springs Police Department is committed to expanding its current efforts in addressing alcohol related criminal activity and alcohol use by minors.One of the goals of the department throughout the grant period is to reduce alcohol related complaints and accusations against businesses by 501/6 from the beginning of the grant period to the end. Another goal within the grant period is to reduce calls for service from licensed problematic establishments involving disorderly conduct by 201/9. The Palm Springs Police Department will attempt to meet these goals with the following objectives:Organizational training, Education,Publicity and media,Analysis and identification,and Enforcement The enforcement objective will include several operations targeting various aspects of alcohol enforcement: Shoulder Tap,I.M.P.A.C.T.,T.A.P.P.E.D.,Trap Door,and L.E.A.D. training. 2. PROBLEM STATEMENT: The City of Palm Springs will be the target area of this program.It is located approximately 90 miles east of Los Angeles.The city encompasses an area of approximately 95 square miles.The permanent population of Palm Springs is 47,000.With approximately 4 million visitors annually to this resort destination,the population swells to nearly I00,000 during the nine month tourist season. These visitors come to Palm Springs to enjoy the weather and recreational activities,including Indian gaming.According to the United States Census Bureau, approximately 53%of the permanent population is between 18 and 65 years of age. The City of Palm Springs has approximately 259 ABC licensed establishments. There are 48 licensed for off-sale and 211 licensed for on-sale purchases.The department has identified several of these establishments that are problematic, thus requiring an inordinate amount of police service. One of these locations,an off-sale establishment,has generated over 1000 calls for service or patrol checks over the past 2 1/2 years. Several other locations routinely generate over 100 calls for service or patrol checks per year. Since the city is a resort community,there is a large number of alcohol-related crimes caused or aggravated by excessive alcohol consumption. Conservative estimates place the percentage of crimes caused or aggravated by alcohol abuse on any given weekend night shift at 75%.Due to budgetary constraints,the Palm Springs Police Department has been unable to keep up with the increase in calls generated by alcohol related crimes and the increase in visitors frequenting downtown,Indian gaming Exhibit A SCOPE OF WORK casinos and resort hotels. In 2012,Palm Springs had the dubious distinction of having the third highest number of drunk driving related traffic collisions for a city of its size in the entire State of California. We have been actively targeting drunk drivers with assistance from an OTS funded DUI enforcement grant.There is no doubt that there would be a greater impact on drunk drivers if the problem was also being attacked by targeting those locations that serve alcohol to already intoxicated patrons and to those who over serve. It is the position of the Palm Springs Police Department to take a proactive stance against alcohol involved criminal activity,rather than a reactive approach. The department will use these grant funds to attack the problem of alcohol involved crimes on a separate front from the DUI enforcement program.ABC grant funds would be used to implement several different creative approaches designed to impact alcohol involved criminal activity and alcohol use by minors. These creative approaches include,but are not limited to: Shoulder tap operations;minor decoy operations;IMPACT operations;party patrols;education;and community awareness programs.The department would welcome any additional funding to help reduce instances of alcohol related crimes and alcohol use by minors in the community. 3.PROJECT DESCRIPTION: Goal: The Palm Springs Police Department will expand its current efforts in addressing alcohol related criminal activity;alcohol related complaints and accusations against businesses; and use of alcohol by minors,through a comprehensive ABC program that will encompass five main strategies: Organizational training;education;publicity and media; analysis and identification;and enforcement. Objectives: 1. Organizational training: Within the first 30 days and with the assistance of ABC,establish an ABC licensee tracking system for all violations and incident information about ABC licensees in the City.Within the first 30 days and with the assistance of ABC personnel,provide training for all department personnel in the goals and objectives of the grant project,including the role that each employee plays in achieving those goals and objectives.This training will also include where and when most of the ABC violations occur,how to detect these violations,how to prepare documentation in support of an ABC violation case,how to identify a disorderly house and other community resources.Also,within the first 30 days, to identify and implement a streamlined system for transmitting arrest reports involving licensees to ABC. 2.Education: Beginning within the first 90 days of the grant period,and to be completed by the end of the grant period,in conjunction with ABC,provide quarterly training to all retail ABC licensees and their employees in how to prevent alcohol sales to minors,how to identify and refine service to obviously intoxicated individuals,and how to avoid common ABC violations.Also,within the first 90 days, in conjunction with ABC,develop a program with the Palm Springs Police Department School Resource Officer to educate parents and underage about the potential person, family,financial, and legal hazards of consuming or condoning alcoholic beverage consumption by minors, and/or supplying alcohol to minors. Exhibit A SCOPE OF WORK 3.Publicity and Media: On a continuous basis,throughout the grant period, to publicize through all local media outlets,the actions taken to accomplish these objectives and the positive results of this ABC funded grant project. The media will be invited to accompany the multidisciplinary teams as they conduct certain operations funded by this grant.There will be a minimum of four(4)press releases sent out during this grant period. 4. Analysis and Identification: Utilizing data,within the first 90 days,to record and analyze the number of monthly disorderly/law enforcement problem administrative accusations filed against problematic ABC licensed establishments.During the remainder of the grant period;to reduce the number of monthly disorderly/law enforcement problem administrative accusations at the identified problematic ABC licensed establishments by 50"/0,utilizing a combination of educational and enforcement related measures.The department will also compare the number of disorderly/disturbance calls at previously identified problematic licensee locations at the beginning of the grant period.These numbers will be compared to the numbers at the end of the grant period. The goal is for a 20%decrease. 5. Enforcement: Shoulder Tap/Decoy-Palm Springs polices officers accompanied by ABC agents will conduct four (4)underage"decoy", and four(4)"shoulder tap"operations,beginning within the first 90 days of the grant period and to be completed by April 30th 2016. IMPACT-Palm Springs police officers accompanied by ABC agents will conduct eight(8)BOACT operations targeting all ABC licensed businesses in the city.IMPACT(Informed Merchants Preventing Alcohol-Related Crime Tendencies)teams will consist of one(1) sergeant,two(2) uniformed police officers and one(1)ABC agent. Two teams will deploy during each operational shift.These operations will begin within the first 90 days of the grant period and they will be completed by May I5th 2016. TAPPED-(Teenage Party Prevention, Enforcement and Dispersal)Palm Springs police officers will conduct four(4)TAPPED operations targeting underage alcohol consumption at parties.Each TAPPED operation will consist of two(2)uniformed Palm Springs police officers.These operations will begin within the first 90 days of the grant period and will be completed by May I5th 2016. Trap Door-Palm Springs police officer accompanied by ABC agents will conduct four(4)"trap door"operations targeting the use of falsified identification cards by juveniles. LEAD Training-Palm Springs police officers will accompany ABC agents in quarterly LEAD training to be held at the Palm Springs Police Department.Them will be a minimum of two(2) training sessions hosted within this grant period. 4. PROJECT PERSONNEL: The Palm Springs Police Department patrol division will be responsible for managing the grant Sgt. Erik Larson will be responsible for they day-today activities surrounding the grant,including Exhibit A SCOPE OF WORK monthly and final reports.The only grant paid employees will be those PSPD,police officers, records personnel,and dispatchers who will be working approved grant-funded operations on an overtime basis. ABC agents and police explorers will not be compensated from grant funds. All sworn PSPD employees will be eligible to participate in all field activities regarding the grant A PSPD dispatcher will be needed to handle radio traffic during some of the larger enforcement operations of the grant.A PSPD records clerk will be needed to handle the additional paperwork and filing for some of the operations of the grant All positions will be on an overtime basis and will be posted for sign-up per the PSPD contract overtime policy. The following is a breakdown of the personnel and man hours needed for each operation of the grant: Shoulder Tap/Dewy operation-Requires one(1)PSPD sergeant,two(2)PSPD officers,one(1) PSPD records clerk,two(2)ABC agents, and two (2) 16-19 year old decoys(Explorers)per operation.Total of eight(8) operations will require 320 paid man hours. I1vIPACT-Requires one(1)PSPD sergeant,four(4)PSPD officers,one(1)PSPD dispatcher,one(1) PSPD records clerk,and two(2)ABC agents per operation.Total of eight(8)operations will require 560 paid man hours. TAPPED-Requires two(2)PSPD officers, one(1)dispatcher,and one(1)PSPD records clerk per operation. Total of four(4)operations will require 128 paid man hours. Trap Door-Requires one(1)PSPD sergeant,two(2)PSPD officers and two(2)ABC agents per operation.Total of four(4)operations will require 96 paid man hours. LEAD Training-Requires one(1)PSPD sergeant,two(2)PSPD officers and one(1)ABC agent per training session.Total of two(2) sessions will require 48 paid man hours. BUDGET DETAIL Exhibit B BUDGET CATEGORY AND LINE-ITEM DETAIL COST A. Personnel Services (Straight Time Salaries,Overtime,and Benefits) (Ron d budget ud i t amounts ar) A.1 Straight Time 0 0 A.2 Overtime Top step officer overtime rate-$79.03 $50,579.00 A.3 Benefits Top step sergeant overtime rate-$93.00 $8,928.00 TOTAL PERSONNEL SERVICES $59,507.00 B. erating_Expenses(maximum$2,500) Buy money for four(4)decoy and four(4)shoulder tap operations $400.00 TOTAL OPERATING EXPENSES $400.00 C. Equipment(maximum$2,500 (Attach receipts for all equipment purchases to monthly billing invoice) Three(3)tactical vests for officers during undercover operations $1,200.00 Three(3)mesh"POLICE"vests $293 00 Three(3)tactical earpieces for radios $600.00 TOTAL EQUIPMENT $2,093.00 D. Travel Expense/Registration Fees (maximum$2,000) (Registration fee for July 2015 GAP Conference attendee is S225 each) Registration fee for two attendees to the 2015 GAP conference in Sacramento $450.00 Travel,lodging,and per diem for two attendees to the conference $1,550.00 TOTAL TRAVEL EXPENSE $2,000.00 TOTAL BUDGET DETAIL COST, ALL CATEGORIES $64 00D.00 PAYMENT PROVISION Exhibit B Page 1 of 2 1. INVOICING AND PAY1v1ENT: 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 2015. 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. 3. Contractor agrees to refund to the State any amounts claimed for reimbursement and paid to Contractor which are later disallowed by the State after audit or inspection of records maintained by the Contractor. 4. Only the costs displayed in the 'Budget Detail' are authorized for reimbursement by the State to Contractor under this agreement. Any other costs incurred by Contractor in the performance of this agreement are the sole responsibility of Contractor. 5. Title shall be reserved to the State for any State-furnished or State-financed property authorized by the State which is not fully consumed in the performance of this agreement. Contractor is responsible for the care, maintenance, repair, and protection of any such property. Inventory records shall be maintained by Contractor and submitted to the State upon request. All such property shall be returned to the State upon the expiration of this contract unless the State otherwise directs. 6. If travel is a reimbursable item, the reimbursement for necessary traveling expenses and per diem shall be at rates set in accordance with Department of Personnel Administration rates set for comparable classes of State employees. No travel outside of the State of California shall be authorized. No travel shall be authorized outside of the legal jurisdiction of Contractor without prior authorization by the State. PAYMENT PROVISION Exhibit B Page 2 of 2 7. Prior authorization by the State in writing is required before Contractor will be reimbursed for any purchase order or subcontract exceeding$2,500 for any articles, supplies, equipment, or services to be purchased by Contractor and claimed for reimbursement. Contractor must justify the necessity for the purchase and the reasonableness of the price or cost by submitting three competitive quotations or justifying the absence of bidding. 8. Prior approval by the State in writing is required for the location, costs, dates, agenda, instructors, instructional materials, and attendees at any reimbursable training seminar, workshop or conference, and over any reimbursable publicity or educational materials to be made available for distribution. Contractor is required to acknowledge the support of the State whenever publicizing the work under the contract in any media. 9. It is understood between the parties that this contract may have been written before ascertaining the availability of appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the contracts were executed after that determination was made. 10.BUDGET CONTINGENCY CLAUSE - It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to firrnish 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 lr2V)5 Exhibit D 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 adequate funds are appropriated in Item 2100-101-3036, Budget Act of 2015, 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 htti •//www dgs ca gov/ols/Resources/StandardContractLanLruaee ash . 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 129/15 RETURN TO. STATE-OF CALIFORNIA STANDARD AGREEMENT CITY CLERK STD 213(Rev 06/03) R E C E I V E I) CITY OF PALM SPRINGS AGREEMENT NUMBER �,I- C I P-,-1,.t. BOX2743 P C PALM SPRINGS CA 92263 11G-LA24 2011 AUG 22 AM 9: 19 REGISTRATION NUMBER 1. This Agreement)", * rgglibld between the State Agency and the Contractor named below: STATE AGENCYS NAME DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL CONTRACTOR'S NAME City of Palm Springs through the Palm Springs Police Department 2. The term of this July 1,2011 through June 30, 2012 Agreement is: 3. The maximum amount $45,000 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 GTC 610 Check mark one item below as Exhibit D: e❑ Exhibit- D Special Terms and Conditions (Attached hereto as part of this agreement) 1 page(s) Exhibit- D*Special Terms and Conditions Exhibit E-Additional Provisions page(s) Items shown with an Asterisk(), 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/Standard+Language IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto. CONTRACTOR Califomia Department of General Services Use Only CONTRACTOR'S NAME(if other than an individual,state whether a corporation,partnership,etc.) City of Palm Springs through the Palm Springs Police De artment Y Authonzed Signature) DATE SIG (Do not type) PRINTED NAME AND TITLE OF PERSO APPROVED BY CITY COUNCIL David Ready,City Manager I 991 I ADDRESS 3200 East Tahquitz Canyon Way C!►Y �r .so✓� Palm Springs,CA 92262 STATE OF CALIFORNIA AGENCY NAME Department of Alcoholic Beverage Control BY(Authorized S ra DATE:SS N (Don t type) / !J �� NTED NG IN Exempt per: GC 14616 Ed Jimenez,Assistant rector,Administration ADDRESS 3927 Lennane Drive, Suite 100; Sacramento, CA 95834 Exhibit A SCOPE OF WORD 1. SUMMARY: Agency Description: Palm Springs Police Department is a municipal law enforcement agency serving a destination resort community with a variable population ranging between 47,000 and over 100,000. The police department currently has 86 sworn officers; 36 of whom are assigned to patrol. The remaining officers are assigned to detectives,traffic, and administration. The Palm Springs Police Department is responsible for patrolling the nearly 95 square miles that are within the city limits. The department has three divisions; operations, services, and investigations. Funding Requested: The Palm Springs Police Department is requesting funding in the amount of$88,499.00 through an ABC grant in order to assist us in combating the problem of alcohol-related criminal activity and alcohol use by minors. Goals and Objectives: Through the use of ABC grant funds, the Palm Springs Police Department is committed to expanding its current efforts in addressing alcohol related criminal activity and alcohol use by minors. One of the goals of the department throughout the grant period is to reduce alcohol related complaints and accusations against businesses by 50%from the beginning of the grant period to the end. Another goal within the grant period is to reduce calls for service from licensed problematic establishments involving disorderly conduct by 20%. The Palm Springs Police Department will attempt to meet these goals with the following objectives: Organizational training, Education,Publicity and media,Analysis and identification, and Enforcement. The enforcement objective will include several operations targeting various aspects of alcohol enforcement: Shoulder Tap, I.M.P.A.C.T., T.A.P.P.E.D., Trap Door, and L.E.A.D. training. 2. PROBLEM STATEMENT: The City of Palm Springs will be the target area of this program. It is located approximately 90 miles east of Los Angeles. The city encompasses an area of approximately 95 square miles. The permanent population of Palm Springs is 47,000.With approximately 4 million visitors annually to this resort destination,the population swells to nearly 100,000 during the nine month tourist season. These visitors come to Palm Springs to enjoy the weather and recreational activities, including Indian gaming.According to the United States Census Bureau, approximately 53% of the permanent population is between 18 and 65 years of age. The City of Palm Springs has approximately 241 ABC licensed establishments.There are 46 licensed for off-sale and 195 licensed for on-sale purchases. The department has identified several of these establishments that are problematic,thus requiring an inordinate amount of police service. One of these locations;an off-sale establishment has generated over 1000 calls for service or patrol checks over the past 2 1/2 years. Several other locations routinely generate over 100 calls for service or patrol checks per year. Since the city is a resort community, there is a large number of alcohol-related crimes caused or aggravated by excessive alcohol consumption. Conservative estimates place the percentage of crimes caused or aggravated by alcohol abuse on any given weekend night shift at 75%. Due to budgetary constraints,the Palm Springs Police Department has been unable to keep up with the increase in calls generated by alcohol related crimes and the increase in visitors frequenting downtown, Indian gaming casinos, and resort hotels. Exhibit A SCOPE OF WORD In 2009,Palm Springs had the dubious distinction of having the highest number of drunk driving related traffic collisions for a city of its size, in the entire State of California.We have been actively targeting drunk drivers with assistance from an OTS funded DUI enforcement grant. There is no doubt that there would be a greater impact on drunk drivers if the problem was also being attacked by targeting those locations that serve alcohol to already intoxicated patrons, and to those who over serve. It is the position of the Palm Springs Police Department to take a proactive stance against alcohol involved criminal activity,rather than a reactive approach. The department will use these grant funds to attack the problem of alcohol involved crimes on a separate front from the DUI enforcement program. ABC grant funds would be used to implement several different creative approaches designed to impact alcohol involved criminal activity and alcohol use by minors. These creative approaches include,but are not limited to: Shoulder tap operations; minor decoy operations; IMPACT operations;party patrols;education; and community awareness programs. The department would welcome any additional funding to help reduce instances of alcohol related crimes and alcohol use by minors in the community. 3. PROJECT DESCRIPTION: Goal: The Palm Springs Police Department will expand its current efforts in addressing alcohol related criminal activity; alcohol related complaints and accusations against businesses; and use of alcohol by minors,through a comprehensive ABC program that will encompass five main strategies: Organizational training;education; publicity and media; analysis and identification; and enforcement. Objectives: 1. Organizational training: Within the first 30 days and with the assistance of ABC;establish an ABC licensee tracking system for all violations and incident information about ABC licensees in the City.Within the first 30 days and with the assistance of ABC personnel,provide training for all department personnel in the goals and objectives of the grant project,including the role that each employee plays in achieving those goals and objectives. This training will also include where and when most of the ABC violations occur,how to detect these violations,how to prepare documentation in support of an ABC violation case,how to identify a disorderly house,and other community resources. Also,within the first 30 days, to identify and implement a streamlined system for transmitting arrest reports involving licensees to ABC. 2. Education: Beginning within the first 90 days of the grant period, and to be completed by the end of the grant period,in conjunction with ABC,provide quarterly training to all retail ABC licensees and their employees in how to prevent alcohol sales to minors,how to identify and refuse service to obviously intoxicated individuals,and how to avoid common ABC violations. Also,within the first 90 days, in conjunction with ABC,develop a program with the Palm Springs Police Department School Resource Officer to educate parents and underage about the potential person, family, financial, and legal hazards of consuming or condoning alcoholic beverage consumption by minors, and/or supplying alcohol to minors. 3. Publicity and Media: On a continuous basis,throughout the grant period,to publicize through all local media outlets,the actions taken taken to accomplish these objectives and the positive results of this ABC funded grant project. The media will be invited to accompany the multidisciplinary teams as they conduct certain operations funded by this grant. There will be a minimum of four(4)press releases sent out during this grant period. Exhibit A SCOPE OF WORD 4. Analysis and Identification: Utilizing data,within the first 90 days to record and analyze the number of monthly disorderly/law enforcement problem administrative accusations filed against problematic ABC licensed establishments. During the remainder of the grant period; to reduce the number of monthly disorderly/law enforcement problem administrative accusations at the identified problematic ABC licensed establishments by 50%,utilizing a combination of educational and enforcement related measures.The department will also compare the number of disorderly/disturbance calls at previously identified problematic licensee locations at the beginning of the grant period. These numbers will be compared to the numbers at the end of the grant period. The goal is for a 20%decrease. 5. Enforcement: Shoulder Tap/Decoy-Palm Springs polices officers accompanied by ABC agents will conduct four(4) underage"decoy", and four(4) "shoulder tap" operations, beginning within the first 90 days of the grant period and to be completed by April 30th 2012. IMPACT-Palm Springs police officers accompanied by ABC agents will conduct eight(8)IMPACT operations targeting all ABC licensed businesses in the city. IMPACT(Informed Merchants Preventing Alcohol-Related Crime Tendencies)teams will consist of two(2)uniformed police officers and one(1) ABC agent. Three teams will deploy during each operational shift. These operations will begin within the first 90 days of the grant period and they will be completed by May 15th 2011 TAPPED-(Teenage Parry Prevention,Enforcement and Dispersal)Palm Springs police officers will conduct four(4)TAPPED operations targeting underage alcohol consumption at parties. Each TAPPED operation will consist of eight(8)uniformed Palm Springs police officers. These operations will begin within the first 90 days of the grant period and will be completed by May 15th 2012. Trap Door-Palm Springs police officer accompanied by ABC agents will conduct four(4)"trap door" operations targeting the use of falsified identification cards by juveniles. LEAD Training-Palm Springs police officers will accompany ABC agents in quarterly LEAD training to be held at the Palm Springs Police Department. There will be a minimum of two (2)training sessions hosted within this grant period. 4. PROJECT PERSONNEL: The Palm Springs Police Department traffic division will be responsible for managing the grant.Sgt. Paul Abshire will be responsible for they day-to-day activities surrounding the grant, including monthly and final reports.The only grant paid employees will be those PSPD police officers,records personnel,and dispatchers who will be working approved,grant-funded operations on an overtime basis. ABC agents and police explorers will not be compensated from grant funds. All sworn PSPD employees will be eligible to participate in all field activities regarding the grant. A PSPD dispatcher will be needed to handle radio traffic during some of the larger enforcement operations of the grant.A PSPD records clerk will be needed to handle the additional paperwork and filing for some of the operations of the grant. All positions will be on an overtime basis and will be posted for sign-up per the PSPD contract overtime policy. The following is a breakdown of the personnel and man hours needed for each operation of the grant: 0 Exhibit A SCOPE OF WORK Shoulder Tap/Decoy operation-Requires three(3)PSPD officers,one(1)PSPD records clerk,two (2)ABC agents, and two(2) 16-19 year old decoys(Explorers)per operation. Total of eight(8)operations will require 196 paid man hours. IMPACT-Requires six(6)PSPD officers, one (1)PSPD dispatcher,one(1)PSPD records clerk, and three(3) ABC agents per operation.Total of eight(8)operations will require 480 paid man hours. TAPPED-Requires eight(8)PSPD officers,one(1)dispatcher, and one (1)PSPD records clerk per operation. Total of four(4) operations will require 320 paid man hours. Trap Door-Requires two(2)PSPD officers and two(2)ABC agents per operation. Total of four(4) operations will require 32 paid man hours. LEAD Training-Requires two (2) PSPD officers and one(1)ABC agent per training session.Total of two(2) sessions will require 16 paid man hours. BUDGET DETAIL (Palm Springs PD rev) Exhibit B BUDGET CATEGORY AND LINE-ITEM DETAIL COST (Round budget amounts A. Personnel Services (straight time salaries, overtime, and benefits) to nearest dollar) A.1 Straight Time A.2 Overtime—Top step sergeant OT hourly rate - $74.53 $36,981 A.3 Benefits—Police ofcr max hourly OT benefit rate @ 13.88% - $10.34 $5,119 TOTAL PERSONNEL SERVICES $42,100 B. Operating Expenses (maximum $2,500) Buy Money for four (4) decoy and four(4) shoulder tap operations $400 TOTAL OPERATING EXPENSES $400 C. Equipment (maximum $2,500) (Attach receipts for all equipment purchases to monthly billing invoice) Body wire audio recording device and monitor for decoy operations. $500 TOTAL EQUIPMENT $500 D. Travel Expense/Registration Fees (maximum $2,000) ...._..........-.._-_------------------- - - ---- -- -- . (Registration fee for July 2011 GAP Conference attendees is $200 each) Registration fee for two attendees to the 2011 GAP conference in Sacramento $400 Travel, lodging, and per diem for two attendees $1,600 TOTAL TRAVEL EXPENSE $2,000 TOTAL BUDGET DETAIL COST, ALL CATEGORIES $45,000 PAYMENT PROVISION Exhibit B Page 1 of 2 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 2011. 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. 3. Contractor agrees to refund to the State any amounts claimed for reimbursement and paid to Contractor which are later disallowed by the State after audit or inspection of records maintained by the Contractor. 4. Only the costs displayed in the "Budget Detail" are authorized for reimbursement by the State to Contractor under this agreement. Any other costs incurred by Contractor in the performance of this agreement are the sole responsibility of Contractor. 5. Title shall be reserved to the State for any State-furnished or State-financed property authorized by the State which is not fully consumed in the performance of this agreement. Contractor is responsible for the care, maintenance, repair, and protection of any such property. Inventory records shall be maintained by Contractor and submitted to the State upon request. All such property shall be returned to the State upon the expiration of this contract unless the State otherwise directs. 6. If travel is a reimbursable item, the reimbursement for necessary traveling expenses and per diem shall be at rates set in accordance with Department of Personnel Administration rates set for comparable classes of State employees. No travel outside of the State of California shall be authorized. No travel shall be authorized outside of the legal jurisdiction of Contractor without prior authorization by the State. r PAYMENT PROVISION Exhibit B Page 2 of 2 7. Prior authorization by the State in writing is required before Contractor will be reimbursed for any purchase order or subcontract exceeding $2,500 for any articles, supplies, equipment, or services to be purchased by Contractor and claimed for reimbursement. Contractor must justify the necessity for the purchase and the reasonableness of the price or cost by submitting three competitive quotations or justifying the absence of bidding. 8. Prior approval by the State in writing is required for the location,costs, dates, agenda, instructors, instructional materials, and attendees at any reimbursable training seminar, workshop or conference,and over any reimbursable publicity or educational materials to be made available for distribution. Contractor is required to acknowledge the support of the State whenever publicizing the work under the contract in any media. 9. It is understood between the parties that this contract may have been written before ascertaining the availability of appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the contracts were executed after that determination was made. 10.BUDGET CONTINGENCY CLAUSE - It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount. 11/192010 F Exhibit D 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 adequate funds are appropriated in Item 2100-101-3036, Budget Act of 2011, 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/standai-d+language. 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 11/19/2010 RESOLUTION NO. 22991 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACCEPTING A GRANT FROM THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL IN THE AMOUNT OF $45,000.00 FOR ALCOHOL ENFORCEMENT. A6126. WHEREAS, The City of Palm Springs desires to undertake a certain project designated as Alcohol Enforcement and Awareness Project 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); NOW, THEREFORE, BE IT RESOLVED that the City Manager of the City of Palm Springs is authorized to execute on behalf of The Palm Springs City Council the attached contract, including any extensions or amendments thereof and any subsequent contract with the State in relation thereto. 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. BE IT FURTHER RESOLVED that the grant funds received hereunder shall not be used to supplant expenditures controlled by this body. IT IS ALSO AGREED that this award is not subject to local hiring freezes. ADOPTED THIS 6TH DAY OF JULY, 2011. J ATTEST: AR DAVID H. ANAGER ES THOMPSON, CITY CLERK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 22991 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on July 6, 2011, by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills, and Mayor Pro Tern Weigel. NOES: None. ABSENT: Mayor Pougnet. ABSTAIN: None. AMES THOMPSON, CITY CLERK City of Palm Springs, California