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Home My WebLink About05 - Grant Award from the California Department of Alcoholic Beverage ControlTO: FROM CITY OF NEWPORT BEACH City Council Staff Report September 13, 2016 Agenda Item No. 5 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Jon Lewis, Chief of Police - 949-644-3701, jlewis@nbpd.org PREPARED BY: Jay Short, Lieutenant, jshort@nbpd.org PHONE: 949-644-3778 TITLE: Adoption of Resolution No. 2016-109 for the Grant Award from the California Department of Alcoholic Beverage Control ABSTRACT: On July 12, 2016, the Police Department received City Council approval to accept the California Department of Alcoholic Beverage Control (ABC) 2016/2017 Grant Assistance Program (GAP) in the amount of $48,191. ABC requires that the City Council's approval of the Agreement and authorization to execute the Agreement be made by resolution, which was not completed at the time of approval. RECOMMENDATION: a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2016-109, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the Acceptance of the California Department of Alcoholic Beverage Control FY 2016-2017 Grant Assistance Program Grant Award and Authorizing the Chief of Police to Act as "Authorized Agent" to Execute on Behalf of the City Any Actions Necessary to Secure Payment of and Implement the Grant to Supplement the Police Department's Alcohol Education and Enforcement Efforts. FUNDING REQUIREMENTS: The Budget Amendment was approved for this project on July 12, 2016. The Budget Amendment recorded and appropriated $48,191 in additional revenue from the ABC GAP Grant and $48,191 and increased expenditure appropriations. The revenue will be posted to the ABC GAP FY17 Account #01035352-431472-G1702 and the expenditure appropriations will be posted to the expenditure accounts shown below: 5-1 September 13, 2016 Page 2 ACCOUNT OBJECT AMOUNT 01035352-713002-G 1702 Overtime: Safety $41,291 01035352-841046-G1702 Special Dept. Exp. $2,500 01035352-861001-G1702 Travel & Meetings $2,000 01035352-911024-G1702 Equipment $2,400 Total FY17 ABC Grant $48,191 DISCUSSION: The California Department of Alcoholic Beverage Control (ABC) offers annual grant assistance to law enforcement agencies in communities negatively impacted by alcoholic beverage sales. ABC has awarded the City of Newport Beach a grant, which will allow the Police Department to work with retail alcohol establishments on issues such as over -service, underage drinking and ABC condition violations. The Police Department has placed considerable focus on maintaining open lines of communication with the owners and operators of the local retail alcohol establishments. In order to work with these establishments, the Police Department will utilize proven ABC enforcement strategies: IMPACT Inspections, Minor Decoy Operations, Shoulder Tap Operations and undercover operations. Saturation Patrols by uniformed officers will also be used, a strategy that has been used on the Balboa Peninsula during the busy summer and holiday months and has proven to be an effective enforcement tool. Another component will be the Licensee Education on Alcohol and Drugs (LEAD) training, which educates employees of local bars and restaurants on responsible beverage service. The Police Department recently hosted a class, and 50 employees of our local bars and restaurants attended. The GAP grant award will allow the Police Department to host two additional classes. The objectives will be measurable and should result in a reduction of alcohol-related crimes associated with the City's retail alcohol establishments. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING - The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). 5-2 September 13, 2016 Page 3 ATTACHMENTS: Attachment A - Resolution Attachment B - Agreement from the Department of Alcoholic Beverage Control 5-3 Attachment A RESIC UUTION NO. 210116- A RESC UUTION OF THE CITY COL NCIL CFI THE CITY C19 N EWRC RT BEACH, CAUIRC RNIA, A UTH ORIZIN C THE ACC13PTA NCE C R THE CALIFORNIA DERARTMEN T OF ALCC HOLIC BEVERA G 9 CC NTROL FYI 21x116/2101171 GRANT ASSISTANCE RROGRAM GRANT AWARD AND AU11HORIZINC TIHE CHIER OF RC DICE TC ACTT AS "A L THC RIZED AGENT" TC EXECUTE ON BEHALF OR TIHE CITY ANY ACTIONS NECESSARY TC SECURE PAYMENT OF AND IMRU13MENT THE G RANTI TO SL PRU13MEN T THE PC LICE DEPARTMENT'S A LCOHC U E0UCA1IIC N A N D ENFORCEMEN11 9RRC RTS. WHEREAS, the City of Newport Beach (1"City") through ills RCIiCe De pa r1 meni desires 110 accept a gra rill award ("Grant") in ire a rrieL nt of forty eighi thousand c rie hundred ninety cne dollars (148,19'1; in fu0erance of cngoing alcercl education arid enforMrrieini efilorls io be funded in pari irc m funds made ave ilablei throe gh 11r Ei R)1 201E/2017 Grani Assistance Prcgrarri Q"GAR"; administered by the California Deipa rirrient cif Alcoholic Beverage Control ("ABC"'- WHEREAS, "ABC";; WHEREAS, cn , my '12, 2016, the City CCLncil apprcved the agreerrieni ij"Agreement"), a cc py cf which is ablached I^ a rete, cc ntaining ire to rms and cc nditic ns for the Grant, a 0 r c sized the Chief cf Rolice tc execute the Agree rrie ni, and apprcved a budget ame rid merit to account fc r tr ei Gra nil; arid WHEREAS, ABC requires the ll the City Cciuncil's approval ci the Agreement and authorizatic n 11oi executes the Agreement be made by rescilution. NCW, THERBRORE, ire City Cc uncil of thea Ciiy of N ewpciri Beiach resolves as is flows: Se ciicin 1: The City Cc uncil does I^ a reby accept the Grant made available through il^e Grant Assistance Prcgrarri and adrriiriistered by ABC, subject io the terms and conditions cif the Agreiement. Section 2: The Ciiy Cciuncil dcies hereby as.thcirize fres Chief cf Roilicei tci act as the City's "Authorized Agent" wiilh thea auif ciiily tci eixeicutei on beef ailf of ihei City thea AgreEMUiil and any actions as they relaiei to securing payrrieni of and implemeinting the C rant. Slecitliein 3: Tr a recitals prcivided in 11his resoh. tic n e rel trs. a and coirre cil arid are inccrpciiated into the oiperativei part of this resolLiicin. Slecitliein 4: 11rei Grant funds receiveid hereafiler shall not bei used 110 supplant cither eixpenditIL res contrckl d by this bcidy. 5-4 Resolution No. 2016- Attachment 016- Attachment A Page 2 of Section 5: The Grant award is not subject to local hiring freezes. Section 6: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 7: The City Council finds the adoption of this resolution is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 8: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution.. ADOPTED this 13th day of September, 2016, ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp a ti City Attorney Attachment(s): Grant Agreement Diane B. Dixon Mayor 5-5 STATE OF CALIFORNIA STANDARD AGREEMENT STD 213 (Rev 06103) Attachment B AGREEMENT NUMBER 16G-LA25 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 Newport Beach through the Newport Beach Police Department 2. The term of this July 1, 2016 through June 30, 2017 Agreement is: 3. The maximum amount $ 48,191 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 Exhibit C* — General Terms and Conditions Check mark one item below as Exhibit D: ® Exhibit - D Special Terms and Conditions (Attached hereto as part of this agreement) Exhibit - D* Special Terms and Conditions Exhibit E — Additional Provisions 3 page(s) GTC 610 1 page(s) 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.dgs.ca,goy ols/Resources/,StandardContracttanguage aspx IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR CONTRACTOR'S NAME (if other than are individual, state whether a corporation, partnership, etc.) City of Newport Beach through the Newport Beach Police Department BY (AuthorizeZSig fore) DATE SIGNED(f)u trot rytu) PRINTED WE AND TITLE OF PERSON SIGNING .Ion T. Lewis, Chief ADDRESS 870 Santa Barbara Drive Newport Beach, CA 92660 STATE OF CALIFORNIA �I —AGENCY NAME Department of Alcoholic Beverage Control BY (Authorized Signature) DATE SIGNED(t)o ,vot iypr) California Department of General Services Use Only PRINTED NAME AND TITLE OF PERSON SIGNING pt per: SCM 4.04.(A)(3) Randall Deems, Assistant Director, Administration APPROVED AS TO' r•�Tv w-rrnow� a t r+r ADDRESS 3927 Lennane Drive, Suite 100, Sacramento CA 95834 Da By: Aaron C. Harp, City Attorney 5-6 Exhibit A SCOPE OF WORK Summary: Thei Newpcirt Bleach) Police Department services the City cif Newport Beiach, which is considered the ceasital center cif Orange County The City cieivers ani area of apprcximateily 214 square milers cif Ianid and is comprised cif distinct residential and commercial areas. Thesei areas include: the John Waynei Airport commerciiail district, thea Balboa Peninsula, Mariner's Mile, Balboa Island, Corcnai del Mar, Aashicin Islanid, and Newpcirt Coast. Combined, these areas make Newport Beach one the most atltralctlime destination resorts on the Westl Coast. In addition to the City's full-time resident) papulatiein cif approximaitelyl 815,11816, summertime crowds can easily reach in excess cif 1100,CICIO. It is also common for the City's pramineirnfl eiaiti and drinking establishments to be ai focial point for this additional summertime population. The Newport Beiach Police Department provides thle City with a full service law enforcement) agency of 1142 authorized sworn officers. Thesei officers act under the direction of the Chief of Police. The Department is divided intlo four divisions: Platrbl, Traffic, Support Services, and thei Detective Drvnsioni. ABC eiviersight is the tespcnsibility of Mice and Intelligencei staff working in the Special Investigations Unitl within thei Detective Divisicn. This uniitl is comprised of (1) Detecliviei Sergeiant„ (2) Vicei avid Intelligence Detectives, and (3) Narcciticis Detecitivieis. In addition, the Department) added a Police Civilian Investigator assigned to Vicei and lnlelligence in Jaryuaryb 20115. Approximately) 500/ci of thea Civillian Investigator's duties includes alcohol relatled m aiblers. The Newport ]leach) Police Department has been thea fortunatle recipient of three previous grants) from the Department) cif Alcoholic Beverage Control. This grant assistance proved 110 bei an invaluable resource to the Police Department, ars it has hleilped to develop the empertise needed by law enforciernenl personnel tei eiffeictliviely handle the Cityl's ABC matllens As ai results thei Polices Department) hast successfully addressed numerous public safety and quality of lifer issues as they relates to the Cityl's ABC licensed estlablishmentis. III is ansa imparlant tei notes that while doing sei, the Police Department has significantly fostered thei working relationship they have -with--citherrC-ity-departments, as wellas-theiof Alcoholic Beverage Ccrtrol As of March, 21C 16, there are 43 F active retain ABC licenses in 11hei City cif Newparl Beach. Of those, 3173 are cin - sale (36 of those i boats and 6 instructional tasling), and 65 arei eiff-salon. These numbers represent) an aivienagei cif 11 ABC licenisei for emery 1194 residents. Newport Beach's replutaticn asi ai prcmier destination resort certainly contributes tlo what many would call ani "giver concentration" of retail alcciW eistablishmentls. Newport Beach Has Icing beemi known for its) finei restalurantls and active night lifer, which is ai main allractlion for many. These establishmlentg are patronized by not only our larpleily affluenti, full-timei resident) peipulation, but college students, vacationers, and day visitors asi well. Although thea City's alcohol esllablishmentsl certainly enhance business and taiurism, it is fain to say thatl tlhl iy also creaitei certain challenges for publics safely. Itl is the geiail cif the Newport )leach) Polices Department to work will the Department of Alceiheilic Beverage Control, the City), as well as the ABC estlablishmentls in Newport Beach to creatle an environment 1hall protects) the heialth, saifety, and welfare of the Community. The purpose cif this propleisal is to request) $48,11911 in grant) assistance from the Department of Alcoholic Beverage Control, for the project) period of July 1, 2016, tei June 30, 2017. The Newport Beach) Police L icense f games were taken from the Raw Be, ila Expert prc videid on the ABC wellrite. Aa -hoc gvemies yield deferent randis 2 1 NE ADI C rant A pp Boasts on 5-7 Attachment Exhibit A Department will effectivielyl utilize the grant award to enhance the oengloeing efforts being miade tlo address ABC miatters in the City. The proposed pro'ect willll focus on alcohol-related problemes such as over -service, underage drinking, and ABC condition violations at retail alcohol establishmlents on thea Balboa Peninsulas. To dci sci, the prcjectl will utilize the folllcweing ABC enforcement) strategies: IMPACT Inspections, Mincr Decoy Operatiains, Shoulder Tap Cperaticins, avid additional undercover operations. The pro .ec11 will also pllaciei ani emphasis cin "Saturadlicin Patrcls" by uniformed officers. This sttatlegy has been used on the Balboa Fleninsulai during the busy summior and hbHday months and has proveen to be ani effecthvei enforcement) tccil Licensee Bducatlion on Alcohol avid Drugs (LEAD) training will also bei ai ccmponent cif this prcposi ail. The ob.'ectives will be measunahle and should result in ai reduction of alcchlcel-relatled crimes asisi c ic iated with thei Citly's retlail alccihol esilablishmeints. Flnobllem Stateimenl: M 2015, the Newpert Beach Police Department maede. ai tlaitlail of 31,,_'231 arrests. Of thcisei, 44SI arreistsl were for driving under the influence and 694 were for drunkenness and/or other ailcohol-relaiteid vicilatlions. Thatl amounts) to over 320/c, of the yeeari's total arresils being attributed to alcohol. Within thei Citly of Newport Beach, the NBPDI has identified the Balboa Peninsula as a paoblemi area in terms cif alccihlc kreilatled issues. The Peninsulai repnesients cnlyl 13 % of cur coverall Citly population and only 6% of the total land area, but 31%1 cif all arrests are made on the Peninsula. Specifically, 29% cif all DIUI aruests, 600 of aill Dlrunkenneiss arrests, and 68% of all IJigluor La1w arrests. Thosei aren't the only unsettlling stlatistics. NIBPDI Officers wrcete 140/a of all a]cahcdl-related citations, and 760/c, cif all public urination citations on the Peninsula, The Balboa Peninsula is also located within It miles of several major insetitullicns of higher e:ducatilon, such as UIC Inline, Vanguard UnimersitS Concordia University Irvine, Crange Coast) College, and Coastline Coemmunityl Ccillegei. Due to llhei proximity of these collegles, many students who arei of air near thei legal drinking ages choose tci liuei and recreadle on the Peninsula. Clearly, these facts arnd siladlistics repneseint notl only an eincirmous drain on police reisciunces, bull ai major quality of lifer concern for our residents. We believe these numbers justify why the Cityl's alcohol-reiladle:d issues remain a trop pricirity for local cifficials and community) members. One way the Police Department is currently addressing theise issues is by working) closely with the City Planning Department) personnel to impose Conditional Use Permit ccinditilons for new businesses. These conditions are specifically targetted llcwards pneventling alcohol-related problems and work) in unison with the ccinditilons imposed cin thei alcoholic beMeragei licensee by thei Department cif Alcobblici Beverage Contrail. Iii 2011, the City) developed and adopted an "Openatlor's Liceense Ordinanice," an additional tlool the Police Department) can utillipie to bring prciblem openatlon intoe compliance. The Operator's License, the firsil of ills kind in Orange County, is issued to thei operator of an ABC licensed eistaiblishmlen�t b}t thei Chilef of Police and can be ccnditicined as necessary to ensure the hleadth, safety and welfare of thea Community is protected. The licensee can also bei restricted or revokled should the operation/establishment become a chronic violation To dates, the Police Department has processed 22 Cperatlor's Licenses for new AEC licensed mtlablishmemtls with 11 morel application currently pending. Thee Plollice Department has alsoi placeed considerable focus air Community outreach in order tci maintlain an open line of communication with tlhle ciwrerslopenalbrs of the laical retlanll alcohol estlablishmentsl, The Vice and llnteelligence Investigators lcieik forward tlo atllendingl reigulan meetaings fair loceal nestauranit and tavern owneins, as well asi assisting with LEAD training fair the laical restaurants, bars, and off -sale lacealliens. These efforts have provided the owneimciperaton of these establishments invaluable training and infcrmadlicn, which allows tlhletn llo stalyl current on important tlopics thail may affecdl their business. Even with thlese proacilivei measures in place, the Fleilicei Department has found regular einforcemenll efforts are 3 1 NBPI3 Grant App Iicaticn 5-8 Etta c h m e n t� Exhibit a perhaps one of the miaistl important ca[mponemtls tc! maintaining camplianicei among the local retail alcohol ea ablllishmlentls. Throughout the courses of tlhei previous ABC grants, the Ficilicei 17epartmentl ha.; utilli2ied various ABC enforceimenll ;trallegies in an eiffort to curtail thle alcohol-reilatled incidents associated with thlesei establishmlentsl. Theise ongoing einforcieimientl effa[r1s have been eiffeict:ive; however, thle over-concentrlation of ABC liicenseid establishments (particularly) cn llhlei Balboa Peninsula) ariei still ai factlor a[s evidenced by the Department's 11,143 alcchlol-relateid arrests in 2011 Upon ciloser review of these arreists, it is eividentl much) of the Frobllem can be attn'blulled to the over serviceuover consumption of alcoholic blevmageis at on -sailer licensed eistlablishmentls; specifically, at such Balboa Peninsula bars w Thea Blue Beietl, The Staig, Baja Shlarkeiea, Caissidy's, Mutt Lynch's, Woodyl's Wharf, and Amieiricani Jlunldei where[ cion caills for service ane[ the highest). Many) of the arreisteies thall were blookleid for drunk in Public, assaults, and DUI iidentlifieid these establishments as thei localicns whlere they had bleem drinking prior to thein arrest. In additlicni 110 over service%veur consumption at these establishments, such faictlors as overcrcwding, violations of A.BCYCitly Usei Permit (CUA) conditions, and services to minas also playleid ai significant) rcile in the Acilice Departmernll's calls for services during the peak bar hours of 101 p.m. to 2 a.m. Previous investigations atl these e 11aiblishmleints have revealed thad many operatars bleciome less vigrlantl� with regard to tlhlese factcrs, wit cut) regular ""bar checks" by uniiformed FaVol officers. Vice and Iriteilligence Investigallors plan to conduct) at least ones IMPACT inspection ai week moving forward, Pnoiecl Desciriatiams: Thei prop c sed project aims, to utlili ere ABC ein forciemeint strategies 1 c address th ei City's ailcohbl-reslal ed issues as they pertain to over service, underaigei drinking, and ABC condiflicin violallia[ns. Itl is the intent cif thea Police[ Department to have the Vice and Irltelligence staff workl closely) with an assigned Grant Assistant Program (GAP) invesstigallosr to coordinate and fulfill thea following objecilives: • Based cin stlatilstics[, crime/arresl reports, and other gathered inlleslligence, the Vices arid Irltellligence Unit will identify ons -sale e<stlabllishmentls that were the "local6osn of )last drink" and organiiae two (2) aipe_nat ons with ABC personsnel thall will focus their efforts cin educatilan regarding river service. Ealch operation will consist cif all least one, twc-person ileam[ and will target several predetermined establishmlenls. 41 The Special Investigations Unit will facilitalle two (21) usnderca[ver cspena[bla[ns, which) wjill 1largesll establliishmlenitsl where reports of ABGCUPI condition viadations and narcotic related activillyl haves ciontributed tlo pcilr1ces-related actlivitlykialls[ for services. Thes operations will aNci fccus on any otlhet problems that may be the result of a[ current trend. • The Mice and Intlelligencies Unit will fa[cilitla[tes two (21) Trisip Door operations tlo tlar[getl minors what are either attempting tci purchase alcohol or trying to einllen a bar or nightclub with a[ false IID. During) the operation, the officers will workl directly with employcess of ABC licensed eistablishmlentls to destlectl and them ciile the person in pa[ssession of the falser ID, • The Vice[ and Iritesl ligenc ei Unit will conduct tesla[ 121) Minor )d a coy a[nd don Shoulder Top operations to address problems related to underagles drinking. • Thes Mice and Irltelligesnce Unill will utilizes uniformed patrlol personnel to canduct eight (8) Saturation Patrols at1 various licensed estlablishmlents throughout) thea Ba[lbc[a[ Peninsula, These patrols will provides 4 1 NBHDI Gran t App lication 5-9 attach ment p Exhibit A a high visibility presence as they conduct "ban checUs" for ABC rellaited vicilatilons. The patricils will take place during) the busy summer and holiday months and each will consist) of two uniformed officers who will bei trailned on ABC lavas and enforcement procedures, The Mice and Intelligence Unit will organize at lleastl two (2) LEAD classes, in which the owners)operatlors, managers, and employees cf ]cical ABC licensed estaiblishmlentls will bei provided with free i training on ailcohol respcinsibility and the law. Conduct at leastl seven ty-five (15) IMPACT (Informed Merchu is Preventing Alca h al-Rlel ated Crime Tendencies) investigations. Pnoiect pensionnell. During thei granll period, thei Vice and Intlellligence Unit will be staffed by two tlenured sworn iniveslligallors, Robert Bennetll and David Mock, asi well asi Police Civilian Invesdigator, Wendy Joe. Their supervising officer is Special Idvestilgatlions Sergeant, Brad Miller. Theses inueistilgadlors will have the pnmiary responsibility for successfully fulfilling the goals and objectives of the 2011:/2017 ABC grant. Inueslligaftirs Bennett, Muck, and Joe area alsc tasked with several) cither AHC related duties such asc (1) cocirdinadling all reports linked to ABC licensed estaiblishine tits, (2) working with ABC licensing representatives on new applicatilons, (31) Community outreach and trisining pailice personnel, (4) attending City meetings for new ABC licensed esllablishmleints and recommending condiblains of approval with respect to the ailcoholic beverages services, (5) tesllifying at Planning Ccnunissicn and City Council hearings regarding AHC esthbllishmleintsl, and (b) aill other enforcement) as ill pertains to the saille and service of a]cobblic beverages at retlail all cohol esllablishmlentls. In addition to the Acle and Intelligence inmeisthgallors, 11hei grlantl will be used to dedicate 2 uniformed officers, on an over -lime assigrnnenll, for visibility and saturation paitrcils focusing mainly on Balbcai Peninsula bars. The presence of theses officers all problem locations has proven to be a very eiffeclime way of curl ailing alcoblol- reilated incidents during peak bar hours. The saituratilon paitrol cibjeictlives will be drreciled by the Vices and Intelligence Uni% who will also provide the uniformed officers with the necessary training cin ABC llanws)procedures. 1 is ciur belief 1lhese patrcils, coupled with continued education and other enforcement efforts will hate ai positive impact cin reducing police calls fair service as they pertain tlo these ABC licensed esdlablishmlentsl. The ciffiicers will nait be subjectleid to unrelated calls fain service and can remain dedicated to ABC e:nfcrcemienll. Based cin the extremes prevalence cf ABC establishments and alcohol-relaitled issues in the City, its is evident thad there is ai continued nieied for ABC related enforcement). It is also fain 110 say tlhall past/present emphasis given 11ai ABC matlers has been a tremendous asset, notl only to the Police i Department and tlhe City, but 110 the Department of Alciciholic Beverage Control as weill. Tci that end, the Paillice Department belieimes all cif the stakehoildeirs would grleaftly benefit if these existing effoirts were continued by wary) of the Granit Assistance Praigrami. Even though the primary) responsibility of th1e grand) cibjectlives would belong to the Vice and Intelligence Unit), the Newport Beach Police Department) is prepared 11oi allociadle the personnell resources necessary (bcith uniformed and undercover) 11ai fulfill) the granit objectives, It is our ultlimadle goal to proactively dead with the Cityl's adcobol-redalled issues in order to protect the health, safetly and welfare cif the Cornmuniityl. 5 1 NBPD Giant Aplplicaticn 5-10 'N++, -,t e%�hment B BUDGETI DIETAIL ExHibit H BUDGET CATEGORY AND LINE -ITEM DETAIL COST (Rc and bud filet amaun tsl 1a nes «isd dollar) A. Personnel Services (Straight Timei Salaries, Overtime, and Benefits) A.1 Straight Time Investiglaict Bennet] C 4 blouns weekly $55.80 pler houn (110%; is 111,K6 per BY $1111,606 In ve stigal cin Moc k @ 4 hours wee kly I' 8.71 pelt hcun ( l 0%) is 3121,2131 pler BY $12,213 A.2 Overtim e Ove rtim a Dstim ate 2214 Hours @ approximate ly $78 pe t hcun $17,472 A.3 Benefits None TOTAL PERSONNEL SERVICES $41,291 H, Operating Expensies (maximum $2,500) $2,500 11. Decoy Cpleratlicns, Shoulder Tap Oplerations, and Naticollic InveisiligaRions "'buy money" (wi neeided). TOTAL OPERATING EXPENSES $2,500 C. Equipment (maximum $2,500) (Atllach receipts for all equipment purcidasels to monthly billing invoice) 1. IPAD (or simil an): to assisl wrath fie 1 d operation s $K0 2. Wires: listleining devices to assist with undercciveir invesiigalions $8100 3. Ilapltopl computer: to assist with field inve stligad ions and replort writing $11,100 110T1AL DQUIPMENT $2,400 D. Travel Expense/Registration Fees (maximum 52,500) (Regilstration fee for July 2016 GAP Conferencle attendee is $2715 each) 11. Rlegistraltion for July 2016 GAP Conference: 2 Attendees at $215 eiach $550 21. Traivel, pen diem, and lodging for the July GAP Conference $1450 TOTALTRAVEL EXPENSE $2,000 TOTAL BUDGET DETAIL COST, ALL CATEGORIES $48,]1911 61 NBPD Gram App Iicalion 5-11 Attachment B PAYMENT PROVISION Page l of 2 Exhibit B INVOICING AND PAYMENT: Paymieintsl cif approved reiimblursablle ccists (pler Budget Detail attached) shall] be it arreiais and made via the State Cortrollller's Office, Invoices shlaill be sudmitlted in duplicate on a monthly basis) in a formait specified by the State. Failure to siublmiit invoices and reports it 11h1e reiquiireid format sibadl relieve thea State from abllligation of playment Payn rots) wiillll blei in arrears, within 3a daysi of Department accepltamicei of Conllractlor performance, pursuant to this agreeiment or receipt of an undisputed invoices, whiichlever occurs ]last. Nlotlhling contained hlerein shail1l prohliblit advanice payments asl authorized by Item 2100- 1x1-303(, Budget Actl, Staitluteis of 2016 2, Revisions to the "Scoplei of Work" and the "Budget) Detail" may be requested by a change request 1etlteir slubmitltad bly the Conttlactci. If applroveid bly the State, the reviised Grant Assistance Scopes of Work avid/or Budget Deitlaill suipersiede and reiplllacei the plreviiiousi documantsl bearing those names. No iemision aan eLxceied ailllotlteid amount ass siblovwn or Budgel Dellail, The tollal amounll of the ccrii must) remain unchanged. 3. Contractor agrees to refund to the Statei arny amounts c1arimed for reimblmisemieril aind paid to Contractor which) are ]aider disallowed by the Stlaile after audit or inspection of reicords maintained bly 1lhei Conuaiator. 4. Only thea casits displlayed in the "Budgeit Detail" are authoriiaeid for reiimblursiemenit by the Stale to C cintz actor un der this aigreiemenill. Any other cc sills incurred bly C c ntrlactor in The plea formancei of this agieen it acre the stole responsibility of Contractor. 5. Title shall blei reserved to the 5111 for any Sllatei-furnished or State-fiinianceid property authorized by 11be State which l isi not fulllly consiumed in the plerformarcei of tbisi agreement. Contractor is iesponisibllle for the care, maintenance, repair, avid plrctlection of any suich property. Irventlory records shall be miainitained bly Contractor and siubmillteid to the S1laitei upon request). All suchl prcipertyl s halll bei i ellurned to thle S tate uplor llhlei expliiration of thus cianitracil uinlleissi the S Halle otherwise diireiatsi. 6. If traviall is ai reiimblursiablle iteimi, the reimbursemeinil for necessary lravieilinig explenses and per dieim shall be all rateis seit in aiacordaince with Department) of Berscnniell Adm inistra Ilion ratles reit for comparablIci cilassieis of Statlei employeies No gavel outsiidei cif tlhei State of Caliifciniia shall] be authorized. No tlraiveill shall) ble authorized outslide of thei legal jurisdiction of Cont;dactor witlhloutl prior aiuthlarizatlion by the Stlatle. 5-12 Attachment B PAYIMENTI PIRIOMISION Pagel 2 of 2 ExiHiHit B 1. Prici aiutlhwizaitlian by the State in writing is required before Contractor wiill be reimbursed fon any purchase order or sublcontlract exceeding 32,500 for any articles, supplieis, equipment, ar services to bei purchased by Ccntlractlor and claimed for reimblursiementl. Coin tractor muisitl j ustilfy the necessity for the purchase and the reasonatilenessi of the price or cosit by sublmiilltling three ciompletlillime quctlatuions or justifyiing the absence of blidding. 8. Brior approval by tlhe State in writing is required for the Vocation, costls, dates, agendas, instrucllors, instructional m aite rials, and aittlend eies ait any reiimbuirsable training seem inar, works hlop or conference., ain d outer any rei mblursaible publicillyi or educational materials 11a be made amailablle for distribution. Contractlor is required to acknowledge the sup1plort of the S ilallei whenever publicizing the work) under Ihle ccinllract in any medial. 9. It its understood bletwleen the paideis tlhlall thlis contraict may have been wnitten bleforei ascertaining the availability of appropriatilon of funds, for the mulluail blenefit of blothl parties, in order 110 alvaiid program and fiscal dellayls thatl would occur if the contracts were executed after that deitleirmin aitlion vwaL-;i m aide. 10. BUDGET CONTINGBNICYI CLAUSE - It is mutually aigieed tlhlall iif Me Budget Acit of the current ye an and/or any sub1sequienli years covered under this Agreement doers not aippropruaile sufficient funds for the program, this Agreement shall bei of no further force and effect. In this evenll, the State shall Have no liiablilitly 110 pay any funds whallsoemer to Contalaictcr or it furnish _any-olher-conskmtio-Es.undeir tlhlis_Agreemeint and Conttacllor shla_ll not be oblliigatled tlopeirform any provisions of this Agreemientl. If funding for any fisical ypar is: reduced or dedletled by thea Bud gell Actl for plurplosies of this program, the Stlatle shall have thea option to either cancel this Agreemeint with no liabihilly occurring to tlblel Statle, or offer an agreemeint1 ameindmenll to Contractor to relflecll thea reiduced amount. Updalec 2/19/16 5-13 Attachment B Dxhibill DI Special Tlelrms and Conditionsi Disputes: Any disputes ccncerning ai yuesition of fact arising under this contract which is not disposed of by aigreemeint shlall be decided by the Direcitor, Department of A,]coholic Beveraige Control, or designee, who shall reicucei his decision to whiting aind mail or otherwise furnish ai copy] thereof to the Contractor. The decision cif the Department shall be finail and conclusive unless, within 30 days from the datle of reicieipt of such copy, the Contractor mails or citheirwisei furnishes) to the S tate a wmitlten appeal addressed to 11h1e Directoa, Deplairtmentl of AJcioholic Beverage Control. The deici Sion of the Directori of Alcoholic Beivieraigei Control or his duly authorized representative for the determination cif such aiplpealsi shaill be finail and conclusive unless determined by a court of competent j uric diction to hlave been fraudulent, capricious, arbitrary, or so grossly erroneous ais necessarily tlo imply bad fai9lh, or not supported by substantial evidence In connection willh any appeal proceeding undeir this clause, the conlraictor shaill fie afforded an cipportulnity to be helard and to offer evidence in support of itsl appeal. Aeinding finail decision of a dispute hereunder, Contlrac ton shall proceed dilig ein tly with the performance of the contract and in accordance witlh tlhle decisiion of the Stalei. 2. Terminallion Wiitlhoutl Cause: Either party may tenminaite this aigreieiment ait any time far any reason upon ten (10) days] wriimen noticie. No penalty shaill accrue to either plarlly because of ciontnaict termination. 3. Ccntractl Vadidily. This contract is1 vailid aind enforceable only if adequate funds area appropriaited in Item 2100 -101 -?036, Budget Act of 2016; fon thle purplosesi of this program, 4. Contractor Certifications, By signing this agreemient, Contractor ciertifies compliance with the provisions cf CCC 307, Stlaindard Contractor Certification Clauses. This document may be viewed ax httn://www.dgs.cai, eou/olsl/ReiEourcesVStaindardContEac]Language a<px , 5. if the Staite determinesi Ihat the grant project is not achieving its goalsi air objectives on schedule, funding may be reduced by the State to reflect this lower level of project acitivilly. Upcaled 2/119116 5-14