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HomeMy WebLinkAboutAgenda Report - December 6, 2017 C-13TM CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM C-13 AGENDA TITLE: Adopt Resolution Authorizing the Lodi Police Department to Participate in the Department of Alcoholic Beverage Control's Education and Teen Alcohol Enforcement Program Grant, Funded by the California Office of Traffic Safety through the National Highway Traffic Safety Administration and Authorize the Chief of Police to Execute the Grant Documents on Behalf of the City ($23,800) MEETING DATE: December 6, 2017 PREPARED BY: Chief of Police RECOMMENDED ACTION: Adopt resolution authorizing the Lodi Police Department to participate in the Department of Alcoholic Beverage Control's Education and Teen Alcohol Enforcement Program Grant, funded by the California Office of Traffic Safety through the National Highway Traffic Safety Administration and authorize the Chief of Police to execute the grant documents on behalf of the City in the amount of $23,800. BACKGROUND INFORMATION: The Department of Alcoholic Beverage Control (ABC) Grant Assistance Program solicited applications in September 2017 for alcohol-related enforcements and educational programs. On September 29, 2017, the Lodi Police Department received an acceptance letter securing grant funds in the amount of $23,800 for Fiscal Year 2017/18. This grant is part of the Department of Alcohol Beverage Control's Education and Teen Alcohol Enforcement Program Grant, funded by the California Office of Traffic Safety through the National Highway Traffic Safety Administration. The goal of the grant is to reduce the availability of alcohol to minors and reduce alcohol-related crime through multiple enforcement, educational, and prevention programs conducted by ABC agents and local law enforcement officers. The funds will be used for Minor Decoy and Shoulder Tap operations to reduce youth access to alcohol, Informed Merchants Preventing Alcohol -Related Crime Tendency (IMPACT) inspections, and Licensee Education on Alcohol and Drugs (LEAD) Programs. FISCAL IMPACT: Offset by grant funds. FUNDING AVAILABLE: Grant funds of $23,800 (2190000' - 01) APPROVED: / r-�L Tod Patterson Chief of Police chwabauer, Manager STATE OF CALIFORNIA STANDARD AGREEMENT STD 213 (Rev 06/03) AGREEMENT NUMBER 17-0TS04 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 Lodi through the Lodi Police Department 2. The term of this Agreement is: October 1, 2017 through August 31, 2018 3. The maximum amount $ 23,800.00 of this Agreement is: Twenty three thousand eight hundred dollars and no cents 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 Exhibit B — Budget Detail and Payment Provisions Exhibit C — General Terms and Conditions * 3 pages 1 page 04/2017 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: http://www.dgs.ca.eov/ols/Resources/StandardContractLanquage.aspx IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR CONTRACTOR'S NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Lodi through the Lodi "one Department BY (Authorized Signature /QC' . , �-- DATE SIGNED(Do not type) 7/47/7 PRINTED NAME AND TITLE OF PERS In SIGNING Tod Patterson, Chief ADDRESS 215 West Elm Street Lodi, CA 95240 STATE OF CALIFORNIA AGENCY NAME Department of Alcoholic Beverage Control BY (Authorized Signature) DATE SIGNED(Da not type) PRINTED NAME AND TITLE OF PERSON SIGNING Pattye Nelson, Chief, Business Management Branch ADDRESS 3927 Lennane Drive Ste 100, Sacramento, CA 95834 California Department of General Services Use Only N Exempt per: SCM Vol 1 4.04(A)(2) Approved aas to form Y EXHIBIT A SCOPE OF WORK I. PROJECT REPRESENTATIVES The project representatives during the term of this agreement will be: Lodi Police Department Ricardo Garcia 215 West Elm Street Lodi, CA 95240 (209) 642-3101 rgarcia@lodi.gov Direct all inquiries to: Same as above II. SCOPE OF WORK Agreement Number: 17-0T804 City of Lodi through the Lodi Police Dept Page 1 of 3 Department of Alcoholic Beverage Control Chris Brookman Supervising Agent, Grant Unit 3927 Lennane Drive, Suite 100 Sacramento, CA 95834 (916) 419-2579 Department of Alcoholic Beverage Control Diana Fouts-Guter, Grant Coordinator 3927 Lennane Drive, Suite 100 Sacramento, CA 95834 (916) 928-9807 • Contractor agrees to implement the Department of Alcoholic Beverage Control (ABC) Minor Decoy, Shoulder Tap Programs and conduct Informed Merchants Preventing Alcohol -Related Crime Tendencies (IMPACT) Inspections. These Programs target both ABC licensed premises and individuals who furnish alcoholic beverages to the underage operators. The project is targeted to reduce underage drinking and the resultant DUI driving injuries and fatalities, and/or property damages, reduce youth access to alcoholic beverages through the education of licensee, enforcement intervention and the impressions of omnipresence of law enforcement. In addition, Contractor agrees to the following goals: o The operation period of the grant is October 1, 2017 through August 31, 2018. o Contractor agrees to raise public awareness that selling, serving and/or furnishing alcoholic beverages to individuals under twenty-one years old is a criminal violation that will be prosecuted by local city and district attorneys. o Contractor agrees to conduct Minor Decoy Operations at "On -Sale" and "Off -Sale" licensed locations within the operation period of the grant. o Contractor agrees to conduct Shoulder Tap Operations to apprehend adults that are unaffiliated with the licensed businesses and who are purchasing alcohol for minors outside of the stores within the operation period of the grant. Agreement Number: 17-OTSO4 City of Lodi through the Lodi Police Dept Page 2 of 3 o Contractor agrees to conduct IMPACT Inspections at "On -Sale" and "Off -Sale" licensed locations within the operation period of the grant. o Contractor agrees to establish and implement a coordinated effort between Contractor and ABC, and acknowledges no operations will be conducted until after the Contractor's representative has completed training conducted by ABC. o Contractor agrees to issue press releases as follows: (a) to announce the start of the program; (b) after each Minor Decoy Operation has been held (to announce the number of licensed premises who sold to the minor decoy) and/or after each Shoulder Tap Operation has been held (to announce the number of adults arrested for purchasing alcoholic beverages for the decoy). Contractor will fax (916)419-2599 or email each press release to the Department's Public Information Officer (John.carra(�abc.ca.gov) as soon as it is released. o Contractor agrees in all press releases, in addition to any credits the agency wishes to give, will include the following statement: "This project is part of the Department of Alcoholic Beverage Control's Minor Decoy/Shoulder Tap Grant Project, funded by the California Office of Traffic Safety through the National Highway Traffic Safety Administration. o Contractor agrees to host (provide location and distribute letters/flyers with training dates/times to ABC licensed establishments) a minimum of one (1) Licensee Education on Alcohol and Drugs (LEAD) class for licensee's located within Contractor's jurisdiction during the term of this contract. The training will be provided by ABC's Training/LEAD unit. o Contractor agrees to coordinate LEAD training dates/times with ABC to ensure the LEAD Trainer is available to conduct the class. o Contractor agrees to complete and submit bi-monthly reports, on a format designed by the Department of Alcoholic Beverage Control due no later than 15 days after operations conducted: On or before January 15, 2018 (with results of operations October, November & December 2017) On or before March 15, 2018 (with results of operations January & February 2018) On or before May 15, 2018 (with results of operations March & April 2018) On or before July 15, 2018 (with results of operations May & June 2018) On or before September 15, 2018 (with results of operations July & August 2018) o Contractor agrees to submit an Executive Summary as part of the final report due on or before September 15, 2018. The summary shall contain the following: (1) an evaluation statement concerning the end product and cost benefits; and (2) a listing of recommended and/or adopted policy or procedure changes, if any, occurring as a result of the project. Disclaimer — The final report shall include the following: "The opinions, findings, and conclusions expressed in this publication are those of the authors and not necessarily those of the State of California, Business, Consumer Services and Housing Agency, or the Department of Alcoholic Beverage Control." Project Personnel — Identify the key personnel who worked on the project, together with their job classification, and a brief description of their contribution. Agreement Number: 17-0T804 City of Lodi through the Lodi Police Dept Page 3 of 3 Problems — Describe any operational or cost problems that were encountered in project implementation. If known, state alternative methods that would have avoided the problem and increased the effectiveness of the project. Results — Describe in detail the results of the project in terms of meeting the original objectives as stated in the project agreement. Also, describe the results in terms of how they will be specifically applied for future improvement of the agency's continuing activities relating to alcohol problem prevention and enforcement. Where possible, describe estimated savings resulting from implementing project results. Documentation — Attach any input and output documents developed. Examples are: new or revised forms, diagrams, management reports, photos, coding manuals, instructional manuals, etc. Other agencies may be able to adapt this material for their benefit. III. AMENDMENT PROCESS Should either party, during the term of this agreement, desire a change or amendment to the terms of this Agreement, such changes or amendments shall be proposed in writing to the other party, who will respond in writing as to whether the proposed changes/amendments are accepted or rejected. If accepted and after negotiations are concluded, the agreed upon changes shall be made through the State's official agreement amendment process. No amendment will be considered binding on either party until it is formally approved by the State. IV. CANCELLATION/TERMINATION This agreement may be cancelled or terminated without cause by either party by giving thirty (30) calendar days advance written notice to the other party. Such notification shall state the effective date of termination or cancellation and include any final performance and/or payment/invoicing instructions/requirements. Agreement Number: 17-OTSO4 City of Lodi through the Lodi Police Dept Page 1 of 1 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS I. INVOICING AND PAYMENT • For services satisfactorily rendered and upon receipt and approval of the invoice, the Department of Alcoholic Beverage Control agrees to pay a bi-monthly payment of approved reimbursable costs per the Budget Detail of personnel overtime and benefits (actual cost) and/or allowable costs associated with the initial training. • Invoices shall clearly reference this contract number (17-OTSO4) and must not exceed the contract total authorized amount of $23,800. Invoices are to be submitted on a bi-monthly basis, on the prescribed form designed by the Department of Alcoholic Beverage Control. First report will be due on or before January 15, 2018 (for operations conducted in October, November and December 2017). Second report due on or before March 15, 2018 (for operations conducted January and February 2018). Third report due on or before May 15, 2018 (for operations conducted March and April 2018). Fourth report due on or before July 15, 2018 (for operations conducted May and June 2018). Fifth/final report due on or before September 15, 2018 (for operations conducted July and August 2018). Submit to: Department of Alcoholic Beverage Control Attn: Kristine Okino, Grants Fiscal Analyst 3927 Lennane Drive, Suite 100 Sacramento, California 95834 • Payment shall be made in arrears within 30 days from the receipt of an undisputed invoice. • Contractor understands in order to be eligible for reimbursement; cost must be incurred on or after the effective date of the project and on or before the project termination date. • Contractor understands any other costs incurred by Contractor, other than attendance at initial training and/or personnel overtime and benefits as authorized above, in the performance of this agreement are the sole responsibility of Contractor. II. 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. III. PROMPT PAYMENT CLAUSE • Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. RESOLUTION NO. 2017-217 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE LODI POLICE DEPARTMENT TO PARTICIPATE IN THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL'S EDUCATION AND TEEN ALCOHOL ENFORCEMENT PROGRAM GRANT, FUNDED BY THE CALIFORNIA OFFICE OF TRAFFIC SAFETY THROUGH THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION; AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE THE GRANT DOCUMENTS WHEREAS, the Department of Alcoholic Beverage Control (ABC) Grant Assistance Program solicited applications in September 2017 for alcohol-related enforcements and educational programs; and WHEREAS, on September 29, 2017, the Lodi Police Department received an acceptance letter securing grant funds in the amount of $23,800 for Fiscal Year 2017/18; and WHEREAS, by Council adoption of this Resolution, the Police Department will receive grant funding from the ABC to reduce the availability of alcohol to minors and reduce alcohol- related crime through multiple enforcement, educational, and prevention programs conducted by ABC agents and local law enforcement officers. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the Lodi Police Department to participate in the Department of Alcoholic Beverage Control's Education and Teen Alcohol Enforcement Program Grant, funded by the California Office of Traffic Safety through the National Highway Traffic Safety Administration; and BE IT FURTHER RESOLVED that the Chief of Police is hereby authorized to execute the grant documents on behalf of the City of Lodi. Date: December 6, 2017 I hereby certify that Resolution No. 2017-217 was passed and adopted by the Lodi City Council in a regular meeting held December 6, 2017, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Johnson, Mounce, Nakanishi, and Mayor Kuehne NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None 2017-217 NIFER ty Clerk rn FERRAIOLO