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HomeMy WebLinkAboutAGMT - California State Department of Alcoholic Beverage Control (ABC) (pending return from State)STd „c” Or GALI=vP.NIA STANDARD AGREEMENT T D 213 (Rev 05/05) AGREELIENT NUMSEP 18G•LA48 REGISTRATION NUMBER 1. This Agreement is entered into between the State Agency and the Contractor named below: DEPARTMENT OF ALCOHOLIC BEVERAGE CON=TROL CONTACT-- ?'S N4ME City of Seal Beach through the Seal Beach Police Department _. The term of I this July 1. 2018 through June 30, 2019 Ac reement is: 3. The maximum amount & 42,571 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 - Scooe of Exhibit B - Budget Detail and Payment Provisions 3 page(s) Exhibit C* - General Tel and Conditions GTC 04/2017 'heck mark one item below as Exhibit D: Exhibit - D Special Terms and Conditions (Attached hereto as part of this agreement) f Dage(s) —L ( Exhibit - D* Special Terms and Conditions Exhibit E -Additional Provisions page items shown with an Asterisk (k), are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at v_�wwdgs, ca.00= ro!srResr,e_sl :arda,dConh cfciL.arouaae.aspz IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR CONTRACTCF'S NAME (i; ofhar Char, an ind(vidual, stale whelhera corporation, partnership, el—) City Df Seal Beach through the Seai Beach Police Department ZY fF vlhoriz si.nalare) DATE SIGNEDp)pom r,,) RINTEO NA E ANrD TITLE OF PERSON SIGNING oseoh i flier. Chief ACDR =�S 91.1 Sea! Beach Boulevard Seal Bcuch, CA 90740 STATE OF CALIFORNIA II ;Qartment of Alcoholic Beverage Control Uulnorized sinnaNrel -- —_— _ DATESIGNEDfor mnrvnel NAMEAND Pavve Nelson, Chief. Business Management Branch ADDRESS 392-1 Lennane Drive, Suite 100; Sacramento CA 95834 California Department of General Services Use Only ® Exempt Der: SCM 4,04.(A)(3) Approved as to Form: By:� Craig Steele, City Attorney SCOPE OF WORK Summary — Exhibit A Agency Description - The Seal Beach Police Department employs 33 swom officers, 27 support staff, and over 100 civilian volunteers in our YIPS, RACES and CERT programs. We are a full service law enforcement agency. Our command staff consists of a Chief of Police and two Commanders who oversee the Support and Operations Divisions. There are 16 Officers and four Sergeants assigned to uniformed patrol providing first responder services. We have two Motor Officers who comprise the traffic unit. Our Detective Bureau consists of four Detectives and one Detective Sergeant providing both proactive and reactive investigative support to address crimes occurring in our city. One Detective is assigned to a Federal Drug Taskforce. We have an Administrative Sergeant who handles training, professional standards and recruitment. Additionally there is a Sergeant assigned to supervise our Seal Beach Police Detention Center. Our Type I jail facility is staffed by six Detention Officers. The City of Seal Beach Seal Beach is located in the northwest corner of Orange County. To the southeast is the city of Huntington Beach. To the east are the cities of Westminster and Garden Grove. To the north are the city of Los Alamitos and the unincorporated community of Rossmoor. To the northwest we are bordered by the city of Long Beach in Los Angeles County. Seal Beach is often described as a quaint seaside village. The predominant section most readily identified by this description would be the eclectic downtown residential / commercial district affectionately known as "Old Town." Main Street is, by definition, the main road into and out of this area. It is a two lane road that runs between Pacific Coast Hwy and the city pier and is comprised of numerous densely packed businesses including clothing; confectioners, specialty shops, bars and restaurants. Seal Beach comprises a total area of 1296 square miles and has a population of 24,440 comprising over 13,000 households and 5;900 families. It is home to the first major planned retirement community in the United States, Leisure World, boasting a population of over 9,000 and encompassing nearly one square mile. We are home to The U!uted States Navy's primary West Coast ordnance storage, loading and maintenance installation facility where they service cruisers, destroyers, frigates and medium -sized amphibious assault ships is located at the Naval Weapons Station Seal Beach. We have seen significant growth in both our commercial development near the center of the city and in the large multiuse retail centers in the north end of town. As a tourist destination our population swells significantly during the summer months and whenever pleasant weather is forecast. The Funding Requested is $42,571. Our Goals and Objectives will be to strategically address the alcohol related "Quality of Life" issues within our community. The alcohol related problems in our community which are directly related to, or originating from; ABC licensee locations range from underage drinking, serving and providing alcohol to minors, the serving of obviously intoxicated patrons, noise complaints, fights, assaults, DUI's and homicide. We intend to conduct a total of 14 enforcement operations to include; Minor Decoy; Shoulder Tap and specifically targeted General Enforcement efforts. We will also engage in partnership based prevention and educational efforts by hosting ABC provided educational training for our licensees and their empiovees as well as conducting IMPACT inspections at all of our licensee establishments. Additionally we would readily publicize our efforts via social media, local news publications and local community television. We would continue to maintain and nurture the healthy relationship we currently enjoy with ABC through in service roll -call training and operational collaboration. The Number of ABC Licensed Locations within the city of Seal Beach is 64. This includes 50 on -sale general, beer and wine. and Bona Fide Public Eating Places and 14 off -sale general as well as beer and wine. SCOPE OF WORK Problem Statement Exhibit A The City of Seal Beach has experienced significant change in a very short period of time. In the past 22 months we have hired 10 police officers with seven in the last 11 months. These officers brought exceptional experience and enthusiasm to our agency. However; during this transitionary period our entire sworn contingent was taxed. All connnand staff and specialty positions took on additional collateral assignments as well as working in patrol By February of this year we filled every open position and all of our personnel were off of training. While we were responsive to the challenges presented to our agency we were also unable to fully engage in proactive measures to temper many of the more specific issues with which we were confronted. Our general calls for service has increased significantly in recent years. Many of these calls were found to be alcohol related and a significant number of those were directly attributed to the ABC licensed locations in our community, These incidents result in a significant drain on both our financial resources and tax the available personnel needed to handle other important calls for service. Providing our officers with the training and resources available under 'his grant will be a significant force multiplier in addressing many of these concerns. Our Main Street is 2;100 feet long and runs through the heart of our "Old Town" District. The concentration of ABC licensees has benefited our local economy in many ways. It has provided a destination for our significant visitor population and supported many excellent restaurants and businesses. However, we made nearly 1,000 a ests during all of 2017 to the present day and of those there were over 200 for alcohol related offenses. That equates to approximately 20% of all arrests generated. We evaluated the number of calls for service during this same time frame and found there were over 500 alcohol related calls for service citywide with nearly 70% were generated in the "Old Town" area relating to ABC licensees; alcohol offenses and quality of life issues. Within Old Town 114% of our total licensees are located on Main Street within 1,600 feet of each other. Moreover, 20% of our licensees are located within a 685 foot block of Main Street just steps from the ocean. Four of these licensees are comprised of popular Irish themed restaurants and bars generating a constant need to direct police resources to the area to mitigate noise, assaults; fights, and other complaints that occur by their 2:00am closings. Clancy `alonr, — Located in the 100 block of Main Street. We have responded to well over 250 calls for in the immediate area of this licensee and over 50 calls directly to this establishment. These incidents have resulted in arrests for fights with and between intoxicated patrons, patrons arrested for Driving Under the Influence after Ieaving the establishment, minors within the premises and consuming alcohol, drunk in public, narcotics violations, and noise complaints. The owner's brother was involved in an assault with a deadly weapon incident with the suspect being an intoxicated patron. In a separate incident, a manager at the location, who was intoxicated and related to the owner, was arrested and charged in the assault of a patron resulting in their death. Irisher Bar — Located in the 100 block of Main Street approximately 100 feet from Clancy's Saloon. We have responded to well over 250 calls for service around this licensee and over 15 calls directly to this establishment. Tnese incidents have inch. ded nights with and between intoxicated patrons, drunk in public, and patrons arrested for Driving Under the Influence after leaving the establishment. and noise complaints from adjacent residents. O_iylaile. on Main — Located in the 100 block of Main Street approximately 400 feet from Clancy's Saloon. We have responded to well over 250 general calls for service around this licensee and over 10 calls directly related to this establishment These incidents have included fights, assaults, overserving of obviously intoxicated patrons and complaints of excessive noise committed by their patrons. Exhibit A SCOPE OF WORK lennesz•cy_s_i'a ern — Located it, the 100 block of Main Street approximately 325 feet from Clancy's Saloon. We have -esoonded to over 20 calls around or directly related to this establishment. These incidents have included• f 0-is with and between, intoxicated patrons and drunk in public, reported DUP s, urinating in public and noise comnlaints from residents. Project Descrintion — it is our desire to be truly` effective as we wort to address the issues we have outlined. To this end we have employed additional strateg es with our criminal justice partners. Our Project Director has spoken with our local District Attorney's office to elicit specific support for the efforts we are engaging in as they pertain to alcohol related criminal activity in our community. To further address these issues our agency will employ the following strategies to achieve our identified Goals and Objectives. LEAD (Licensee Education on Alcohol and Drugs) — One aspect of our educational Goal will be the hosting of an ABC LEAD class. Our Objective is to partner with -Licensees as responsible stakeholders in the community by employing the "Target Hardening" philosophy. The ABC facilitated LEAD training presents information to the Licensees within our city on ABC regulations; related laws and 'best practice strategies. By hosting this training we reinforce our desire to build strong relationships with licensees and ABC. Although our licensees have expressed their desire to be proactive in identifying alcohol related issues they face, with an emphasis on avoiding the selling or serving of alcohol to minors; experience has shown that many are not as successful as they could be. We will work together to prevent future violations and transgressions. We will offer and host the LEAD training at our department for all our ABC Licensees within the first quarter. IMPACT (Informed Merchants Preventing Alcohol- Related Crime Tendencies) — It is our goal to inform and educate all of our licensees. That objective will be met by conducting IMPACT inspections at all of our Licensee locations; both on -sale and off -sale, to help identify and address potential probie,_ areas at these locations in a directed effort aimed at reducing crime and disorder at their establishments and the surrounding area. This program fosters a community oriented approach to problem solving by eeneratinc positive interactions between the relevant stakeholders. We will conduct IMPACT inspections on all on -sale and off-sale licensees in the city during the first quarter. During the last quarter we will conduct follow- um ir_snections locations where deficiencies were identified. This allows licensees time to rectify identified problems and ;,romotes costive interactions. ROLL CALL TRAINU�G — Our Goai is to educate our patrol officers and investigators. We will conduct roll call briefing trainings for all of our patrol personnel; presented by our investigators, during each quarter of the grant to meet that Objective. The trainings will provide the latest information on relevant ABC regulations and effective enforcement strategies wherein our personnel will gain timely knowledge of ABC laws; operations and practical experiences. SHOULDER TAP — It is the Goal of our agency and community to curtail the procurement of alcohol by minors in our city. We will conduct 56ur Shoulder Tap operations. one each quarter, throughout the city. Our Objective is to not only discourage those irresponsible persons who would purchase or provide alcohol to minors but also to reduce one avenue of ooportu.nity minors have been known to utilize to obtain and consume alcohol. Exhibit A SCOPE OF WORK yIDVOR DECOY — Continuing to address our Goal of curtailing the procurement of alcohoi by minors in our community we will conduct four Minor Decoy operations, one each quarter, throughout the city. Our Objective is to discourage licensees, or their employees from providing alcohol to underage minors. We will visit both on -sale and off -sale ABC licensed locations. We will specifically visit new licensee locations as well as locations where previous ABC violations were documented. Additionally, during the last quarter, we will revisit those licensees who were unsuccessful during one of the previous three quarters operations. We look to encourage the licensee's diligence by personally presenting their letter of success reinforcing our community partnership. DIRECTED ENFORCEMENT — Maintaining our Goal of curtailing underage drinking and addressing associated quality of life issues involving our licensees, we will conduct six Directed Enforcement Operations. These Objectives will be met by conducting three Directed Enforcement Operations during our summer season, primarily between the Fourth of July and Labor Day, and three additional operations during the winter and spring seasons. During the summer our community experiences a surge in population due to beautiful beaches and inviting Main Street shops, bars and restaurants. We consistently receive increased calls for service on our beaches and in and around our beach parking lots. Many of these incidents involve alcohol violations including minors possessing and consuming alcoholic beverages. We will also focus our efforts by addressing Quality of Life issues. By providing specific, directed attention, to the areas commonly generating calls for service we can address commonly raised concerns such as the serving of obviously intoxicated patrons, persons who are drunk in public, curtailing excessive noise, and providing a force presence to dissuade fights and assaults. The teams will meet with licensees, engage in active citizen contacts and take proactive enforcement action. We promote our efforts by highlighting our activities on social media as well as with our local media to provide our residents, businesses, visitors and followers with a direct and tangible understanding of our efforts at addressing their concerns. Proiect Personnel — The Seal Beach Detective Bureau with the Seal Beach Special Enforcement Team (SET) will be actively engaged in implementing this grant. The following personnel will be directly involved in conducting this grant. Sergeant Dave Ban- will serve as the project director. He has been a police officer over 24 ,years and has a Baenelor`s degree. Over his career he has worked a number of assignments including; Detective, Watch Commander, Emergency Services Coordinator and Detention Center Supervisor. He has worked with ABC Investigators and Supervisors both here and as a Faculty member at Golden West College. He has previously served as a grant project director. Sergeant Rick Ransdell is the Detective Sergeant and has been a police officer for over 50 years working variety of assignments including narcotics and, vice. Detective Samantha Mathias has been an officer for over 8 years, a detective for over 4 years and has eamed a Bachelor's degree. Detective Jeff Gibson has been a police officer for over 12 years and a detective for 2 years. Detective Pete Krok has been a police officer for over 8 years and a detective for over 4 years. Detective Chris Fisher has been a police officer for over 5 years and is our newest detective. Our SET unit consists of patrol personnel tasked with mission specific assignments. The team comprises 1 Sergeant, I Corporal and 3 Officers with law enforcement tenure ranging between 10 and 30 years. The majority of our officers in uniformed patrol have over 12 years of law enforcement experience. All of our department personnel have routinely represented this agency with the highest level of personal character and professionalism. Our agency has successfully worked with ABC Investigators.on previous occasions and we look forward to continuing that valuable relationship into the future. BUDGET DETAIL: Exhibit B F_ BUDGET CATEGORY AND LINE -ITEM DETAIL I COST (Round budget amounts to nearest doLlar) A. Personnel Services (Straight Time Salaries, Overtime, and Benefits) A.1 Straight Time A.2 Overtime 450 hours @ $82,38 $372071 A.3 Benefits TOTAL PERSONNEL SERVICES 537,071 B. Operating ,Expenses -(ma-xim.um-$12,500) Mil-10T Decoy Operations, Shoulder Tan Operations and Directed Enforcement Operations `Bay Money $500 ----------TOTAL OPERATING EXPENSES 8500 C. Equipment (maximum S2,500) (Attach receipts for all equipment purchases to monthly billing invoice) Covert Audio Surveillance System Covert Audio Surveillance Earpieces TOTAL EQUIPMENT $2,500 D. Travel Expense/Registration Fees (maximum $2,500) (Registration fee for July 2111 GAP Conference attendee is §3255 each Reg-.strai.ion for July 2018 GAP Conference for two Attendees at $3325 each $650 Travel, per diem and Lodging for the July GAP Conference 51.850 TOTAL TRAVEL EXPENSE $2,500 TOTAL BUDGET DETAIL COST, ALL CATEGORIES $42,571 PAYMENT PROVISION Page 1 of 2 Exhibit B 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 shalt be submitted in duplicate on a monthly basis in a format specified by the State. Failure to submit invoices and reports in the required format shall relieve the State from obligation of payment. Payments will be in arrears, within 30 days of Department acceptance of Contractor performance, pursuant to this agreement or receipt of an undisputed invoice, whichever occurs last. Nothing contained herein shall prohibit advance payments as authorized by Item 2100- 101 -3036, Budget Act, Statutes of 2018. 2. Revisions to the "Scope of Work' and the `Budget Detail' may be requested by a change M quest 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 bearinR those names. No revision can exceed allotted amount as shown on Budget Detail. The totai 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. 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 shaii be returned to the State upon the expiration of this contract unless the State otherwise directs. 6.. If travel is a reimbursable item, the reimbursement for necessary traveling expenses and per diem shall be at rates set in accordance with Department of Personnel Administration rates set for comparable classes of State employees. No travel outside of the State of California shall be authorized. No travel shall be authorized outside of the legal jurisdiction of Contractor without prior authorization by the State. Exhibit D Special Terms and Conditions ispu;es: A.ny dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Director, Department or Alcoholic Beverage Control, or designee; who shall reduce his decision to writing and mail or otherwise furnish a cony 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 or Alcoholic Beverage Control. The decision of the Director of Alcoholic Beverage Control or his duly authorized representative for the determination of such appeals shah be finial and conclusive unless determined by a court of competent jurisdiction to have been fraudulent; capricious; arbitrary, or so grossly erroneous as necessari.iv to imply bad faith, or not supported by substantial evidence. In connection with an,y appeal proceeding under this clause, the contractor shall be afforded an opportunity to be :,card 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 Stare. 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. Contract Validity: This contract is valid and enforceable only if adequate funds are appropriated in item 2100- 101 -3036; Budget Act of 2018; for the purposes of this program. 4. C�c_tn =actor %Certifications: By signing this agreement; Contractor certifies compliance with the provisions of CCC 04/2017, Standard Contractor Certification Clauses. This document may be viewed at Wilt "7: % /rV'r1_V.O if the State determines that the grant project is not achieving its goats and objectives on schedule, funding may be reduced by the State to reflect this lower level of project activity. U-" d i2''i