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HomeMy WebLinkAbout2004-11-15 City CouncilTO: City of Palo Alto City Manager’s Report ’4HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: POLICE DATE:NOVEMBER 15, 2004 CMR:468:04 SUBJECT:ACCEPTANCE OF ALCOHOLIC BEVERAGE CONTROL GRANT IN THE AMOUNT OF $18,778 FOR UNDERCOVER DECOY OPERATIONS RELATED TO UNDER-AGE DRINKING RECOMMENDATION Staff recommends that the City Council accept grant funds from the State of California Department of Alcoholic Beverage Control in the amount of $18, 778 for undercover decoy operations targeting the illegal sales of alcoholic beverages to minors under the age of 21. BACKGROUND The State of California and local law enforcement agencies, including the City of Palo Alto, have conducted undercover decoy operations in attempts to reduce the number of Alcohol Beverage Control violations as well as reduce injuries and deaths associated with under-age drinking. A study by the California Department of Alcohol Beverage Control (ABC) has revealed that there is a higher rate of drunk driving fatalities involving youths under the age of 21 than there are with adults. The California ABC has been working cooperatively with local law enforcement agencies conducting undercover under-age drinking decoy operations since the 1980s, whe.n the statewide rate of selling alcohol to minors was as high as 40 to 50 percent. Since undercover operations have been conducted, the rate has dropped in some cities to as low as ten percent or lower. The latest violation rate statewide is almost 24 percent. In other words, nearly one of every five retail licensees are selling alcohol to minors. The Palo Alto Police Department has experienced various crimes related to the sales of alcoholic beverages to minors, as well as under-age drinking. From January 2002 to July 2004, the Department made 34 arrests for juveniles driving under the influence (DUI). Three m~nors were arrested for being a vehicle passenger in possession of an alcoholic CMR:468:04 Page 1 of 4 beverage. In addition to these drinking and driving violations, Palo Alto Police arrested minors for a variety of possession of alcohol charges, including 14 minors for possession of or fumishing alcohol, three for selling alcohol, five for possessing a fake identification, 55 for minor in possession of alcohol in a public place, and 40 minors were arrested for being in possession of alcohol at a private gathering. Additionally, Palo Alto Police made 69 arrests of minors under 21 for being drunk in public. In 1994, the California Supreme Court ruled unanimously that use of decoys is a valid tool of law enforcement to ensure that liquor licensees are complying with the law. In August 2004, 29 different California cities and counties were awarded grant funding to conduct such undercover decoy operations. The City of Palo Alto was one of those jurisdictions selected as a result of staff proposal and grant submission to the ABC. DISCUSSION Staff has been notified that ABC has approved its grant proposal for the entire amount requested - $18,778. The primary goals of this grant program include the enforcement of ABC laws, reduction in the number of illegal sales of alcohol to minors, reduction in the number of DUI fatalities and/or injuries and increased education to the public as well as businesses on the hazards associated with underage drinking. Specifically, the Palo Alto Police Department will be conducting a minimum of nine such undercover decoy operations in a period of 18 months, between September 2004 and March 2006. Decoy operations will include three plainclothes police officers and one police agent acting as a supervisor of the detail. Operations are generally anticipated to last approximately six to eight hours and encompass f’ive to twenty separate locations in Palo Alto with an "off- sale" liquor license. Store clerks or employees who sell alcoholic beverages to minors will be informed of the violation they committed and issued a misdemeanor arrest citation for violation of 25658(a) Califomia Business and Professions Code. Additionally, the business liquor license will receive administrative sanctions by the ABC. Within 72 hours of a misdemeanor citation being issued, the business will receive a formal letter from the Police Department informing them of the violation by their employee(s). Conversely, businesses found to not commit any violations of selling alcoholic beverages to minors will also receive a notification that their business was subjected to an undercover decoy operation and that their employee(s) performed lawfully. This is an effort to educate as many business owners and employees as possible of the program and the law. CMR:468:04 Page 2 of 4 RESOURCE IMPACT An allocation in the amount of $10,433 will be made at midyear for costs associated with the purchase of equipment, supplies and overtime for fiscal year 2004-2005. Grant revenue totaling $10,433 to offset these expenditures will be received from the California ABC, via the State Office of Traffic Safety, as reimbursement. In 2005-2006, $8,345 in expenses and reimbursements will be requested to maintain the program through March 2006, meeting the grant goals and obj ectives. No additional officer positions will be added to the Department’s approved staffing allocation; the program will be implemented with existing staff, reimbursed on an overtime basis. The program will be reevaluated at the conclusion of the grant to determine the success of the program. POLICY IMPLICATIONS This grant acceptance is consistent with City policy. ENVIORONMENTAL REVIEW. This is not a project subject to California Environmental Quality Act (CEQA) requirements. ATTACHMENTS Copy of grant contract with the State of California Department of Alcohol Beverage Control. PREPARED BY: Police Lieutenant CMR:468:04 Page 3 of 4 DEPARTMENT HEAD: JOHNSON Police Chief CITY MANAGER APPROVAL Assistant City Manager CMR:468:04 Page 4 of 4 ~TATE OF CALIFORNIA STANDARD AGREEMENT STD 213 (Rev 06/03) AGREEMENT NUMBER I 04MDG-12 I REGISTRATION NUMBER 1.This Agreement is entered into between the State Agency and the Contractor named below: STATE AGm~CY’S NAM~ Deparh.ent of Alcoholic Beverage Control CONTRACTOR’S NAME City of Palo Alto through the Palo Alto Police Department 2. The term of thisAgreement is: September 1, 2004 through February 28, 2006 3. The maximum amount $18,778.00 "of this Agreement is: 4.The parties agree to comply with the terms and conditions of the following exhibits,which areby this reference mad, a part of the Agreement: Exhibit A - Scope of Work Exhibit B - Budget Detail Exhibit C - General Terms and Conditions Exhibit D - Payment Provisions Exhibit E - Special Terms and Conditions 1 page ¯ 1 page GTC 304 2 pages 3 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 www. ols.dgs, ca.gov/Stand+Language IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR CONTRACTOR’S NAME (lf other than an individual, state whether a corporation, partnership, etc.) City of Palo/~’lto thr9~h the Palo Alto Police Department BY (Authori~e~ature) /J "~ /: DATE SIGNED (Do not type) PRINTL~D ]~AME AND~TITLE 0~ IL~IONINO ./ ..../ ~D~SS 275 Forest Avenue Palo Alto, CA 94301 STATE OF CALIFORNIA AGENCY NAME Department of Alcoholic Beverage Control B Y (Authorized S i PKINTED N~SIGNING Anthony M. Nieto,Director, Administration ADDRESS 3927 Lennane Drive, Suite 100 Sacramento, CA 95834 Cafifornia Department of General Services Use Only [-~ Exem’pt per GC 14616 EX!-IIBIT .A SCOPE OF WORK Contractor agrees to implement the Department of Alcoholic Beverage Control (ABC) and. Office of Traffic Safety’s (OTS) Minor Decoy Program, a program that targets employees of Off-Sale outlets who furnish or sell alcoholic beveragesto 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 enforcement intervention and the impressions of omnipresence of law enforcement In addition, Contractors agrees to the following goals: Contractor agrees to raise public awareness that selling alcoholic beverages to individuals under twenty-one years old is a criminal violation that will be prosecuted by local city and district attorneys. Contractor agrees to conduct a minimum of nine Minor Decoy Operations within the eighteen month period. To establish and implement a coordinated effort between the Contractor and ABC. Contractor shall devote 100% of its efforts on Minor Decoy operations only. EXHIBIT B BUDGET DETAIL Overtime: One Supervisor +2 Officers x 9 operations TOTAL PERSONNEL SERVICES One Canon digital camera with single lens reflex TOTAL EQUIPMENT Two mandated training sessions TOTAL TRAVEL EXPENSE COST (Round all budget amounts to nearest dollar) $17,555 $17,555 $1,000 $1,000 $223 $223 $18,778 EXHIBIT D o Q Payment Provisions Contractor recognizes that funding for the Minor Decoy Program is contingent on the. Department of Alcoholic Beverage Control receiving funding from the Office of Traffic ¯ Safety (Contract #ALO483). 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 triplicate on a quarterly 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 based on 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 2100-001-3036, BudgetAct Statutes of 2004. Contractor understands in order to be eligible for reimbursement; costs incurred and claimed must meet the following criteria: a.Be necessary and reasonable for proper implementation of the project. b.Not result in a profit or other increment to contracting agency. c.Be incurred on or after the effective date of the project and on or before, the project termination date. The Contractor will be reimbursed for costs incurred in the performance hereof as are allowable under the provisions of Part I- 15 of the Federal Procurement Regulations. a.Contractor shall be reimbursed quarterly in arrears. Contractor shall submit invoices in triplicate and addressed to the Grant Coordinator. b. Contractor shall not be permitted to subcontract any portion of this contract. 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 Scope of Work and/or Budget Detail supersede and replace the previous documents bearing those names. A contract amendment will be required to implement any such changes with the exception that changes in a.budget line item of expense not to exceed five percent (5%) of the line item may be authorized without requiring a contract amendment if the total amount of the contract remains unchanged. 11. 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. 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. The Department of Alcoholic Beverage Control may delete from Contractor’s invoice any amount claimed by Contractor if the Department determines the expense to be inappropriate or excessive or violates any other provisions of this agreement. 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. 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. 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. Exhibit E S_pecial Terms and Conditions Quarterly Performance Reports and Reimbursement Claims must be submitted by the Project Director to the ABC Grant Coordinator by December 15, 20.04; March 15, June 15, September 15, December 15, 2005; February 28, 2006, during project operation. Contractor shall provide a final report in draft form to ABC and OTS thirty days prior to Contract termination for review, recommendations, and approval by both parties prior to the Contractor furnishing three printed copies of the approved final report. The final report is due thirty days after project completion. Costs incidental to the report’s preparation or delivery that are incurred subsequent to the termination date of the project are not allowable. Final payment shall be released to the Contractor, upon the satisfactory completion of the terms and conditions of the contract and acceptance of the Contract’s final report has been received by the Department of Alcoholic Beverage Control and Office of Traffic Safety. Contractor shall not be authorized to copyright the final, report, any papers, interim reports, forms, or other material which is a part of the work under the Contract, without the prior written approval from the Department of Alcoholic Beverage Control and the Office of Traffic Safety. bo All reports published by the Contractor shall, contain the following statement on the credit sheet: "The opinions, findings, and conclusions expressed in this publication are those of the authors and not necessarily those of the office of Traffic Safety, Alcoholic Beverage Control, the National Highway Traffic Safety Administration, or the Federal Highway Administration." If, during the term of the grant award, federal funds become reduced or eliminated, ABC may immediately terminate or reduce the grant award upon written notice to the Project Director. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 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 appe.al. 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. 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. This contract .is Valid. and enforceable only if approved by the Office of Legal Services, State Department of General Services, if required, and if adequate funds are appropriated in Item 2100-001-3036, Budget Act of 2004, for the purposes of this program. By signing this agreement, Contractor certifies compliance with the provisions of CCC 201, Standard Contractor Certification Clauses. This document may be viewed at: www.dgs.ca.gov/contracts. 10.Both written and oral releases are considered to be within the context of publication. However, there is no intention to limit discussion of the study with small technical groups or lectures.to employees or students. Lectures to other groups which describe the project but disclose neither data nor results are permissible without advance approval. All reports shall contain the following credit line: "In cooperation with State of California, Business, Transportation and Housing Agency, Office of Traffic Safety, the U.S. Department of Transportation, National Highway Traffic Safety Administration, and Federal Highway Administration." 12. 13. The Office of Traffic Safety, the National Highway Traffic Safety Administration, the Federal Highway Administration, and the Department of Alcoholic Beverage control may review and inspect the Contractor’s activities during the progress of the program. Contractor agrees to maintain all records and other evidence pertaining to costs incurred and work performed hereunder, and shall make them available at the Contractor’s California office during the contract period and thereafter for a period of three years from the date of receipt of final payment of federal funds. 14. 15. 16. 17. 18. 19. All data, maps, photographs, and other material collected or prepared under the Contract shall become the joint property of the Department of Alcoholic Beverage Control and the Office of Traffic Safety. The Contractor warrants they have not employed or retained any company 0r persons, other than a bona fide employee working solely for their agency, or paid any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the State shall have the right to annul this Contract without liability or, in its discretion to deduct from the Contract price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Contractor agrees to make available to the Cali.fomia State Auditor any books, records, documents, and other evidence pertaining to reimbursable costs, and any matching costs and expenses, and hold them available for audit and inspection by the State for a period of three years after the final payment of this contract. Contractor agrees to make available to the Department of Alcoholic Beverage Control or any State audit entity these same materials pertaining to the performance of this contract at any time during the term of this contract up to a period of three years after the final payment of this contract. It is mutually understood and agreed that no alteration or variation of the terms of this contract shall be valid unless made in writing, signed by the parties hereto, and approved by all necessary parties. The Contractorwill permit access to books,.records, and accounts by the State, the Federal Highway Administration and/or the National Highway Traffic Safety Administration for purposes of investigation to ascertain compliance with this Nondiscrimination Clause. In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract, this contract may be canceled, terminated, or suspended in whole or in part.