HomeMy WebLinkAbout23844 RESOLUTION NO. 23844
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 $64,000 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 17th DAY OF JUNE, 2015.
David H. Ready, City
ATTEST:
ames Thompson, City Clerk
Resolution No. 23844
Page 2
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. 23844 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 the 17th day of June 17, 2015,
by the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills,
Mayor Pro Tern Lewin, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
42mes Thompson, CityClerky of Palm Springs, California
STATE OF CAUFORNIA
STANDARD AGREEMENT
STO 213(Rev 06103) AGREEMENT NUMBER
15G-LA20
REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and the Contractor named below.
STATE A( NCY'S NAME
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
CONTRACTORS Naar
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 $64,000
of this Agreement is:
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a
part of the Agreement
Exhibit A—Scope of Work 4 page(s)
Exhibit B—Budget Detail and Payment Provisions 3 page(s)
Exhibit C'—General Terms and Conditions GTC 610
Check mark one item below as Exhibit D:
FM Exhibit-D Special Terms and Conditions(Attached hereto as part of this agreement) 1 page(s)
FU Exhibit-D"Special Terms and Conditions
Exhibit E—Additional Provisions page(s)
Hams shown with an Astedsk(•),am hereby incorporated by mferenoe and made part of this agreement as if attached hereto.
These documents can be viewed at wwwdcs.ca.00vl0f$Mesoug*,VSbMda=gatMgtLgnouaae.aspx
IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto.
CONTRACTOR caNrar"Is Departmem of General
CONTRACTOR'S NAME faatlNxaMa an 4Mividual,afMe waeMara cvrporaron,peanemApt etc.) Swvrces Use only
City of Palm Springs through the Palm Springs Police Department
ea S/pnehaeJ. DATE SIG (Do ryrx)
PRINTED NAME AND TITLE OF PERSONAMING
David H.Ready,City Manager
ADDRESS
3200 E.Tahquitz Canyon Way
Palm Spring!,CA 92262
STATE OF CALIFORNIA
AGENCY NAME
Department of Alcoholic Beverage Control
BY(AUM&ftW SWditwJ DATE SIGNED(Do nor lym)
PRINTED NAME AND TITLE OF PERSON SIGNING ®Exempt per: SCM 4.D4.(A)(3)
Ed Jimenez,Assistant Director,Administration
ADDRESS
3927 Lerman 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.P.P.E.D., Trap Door,and L.E.A.D. training.
2. PROBLEM STATEMENT:
The City of Pahn 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
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 fiords 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.
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 50a1a,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-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/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.
B"ACT-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 (Round badge[amounts)
to nearest dollar)
A.l 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$21500)
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 officer;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$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 E$64,000.00
.00
TOTAL BUDGET DETAIL. COST,ALL CATEGORIES
PAYMENT PROVISION Exhibit B
Page 1 of 2
1. INVOICING AND PAYMMNT: 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 far
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 fimding 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 1/2W15
Exhibit D
Special Terms and Conditions
1. Uisputes: 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 Validitx: 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 athtW://www.dgs-ca. ov of esource ontractl_.an a e.as x .
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 1l29115