2013/06/25 City Council Resolution 2013-095RESOLUTION NO. 2013 -095
RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORING AND ACCEPTING A GRANT FROM THE
STATE OF CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE
CONTROL FOR GRANT ASSISTANCE PROGRAM FUNDS
WHEREAS, the City of Rohnert Park desires to undertake a certain project designated as
the Rohnert Park Department of Public Safety, Cotati Police Department, Sonoma State
University Police Services Joint ABC Grant to be funded from funds made available through the
Grant Assistance Program (GAP) administered by the State of California's Department of
Alcoholic Beverage Control (hereafter referred to as ABC), and;
IT IS AGREED that any liability arising out of the performance of this contract,
including civil court actions for damages, shall be the responsibility of the grant recipients and
the authorizing agencies. The State of California and ABC disclaim responsibility for any such
liability, and;
IT IS ALSO AGREED that this award is not subject to local hiring freezes.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve the Director of Public Safety to be the Chief
Authorizing Official, the City's Finance Director is authorized to be the Fiscal Official, and a
Public Safety Sergeant of the City of Rohnert Park Department of Public Safety is authorized to
be the Program Director whose duties will be to execute, on behalf of the City Council of the
City of Rohnert Park, the attached contract, including any extensions or amendments thereof and
any subsequent contract with the State in relation thereto.
BE IT FURTHER RESOLVED that grant funds received hereunder shall not be used to
supplant expenditures controlled by this body.
DULY AND REG ADOPTED this 25"' day of June, 2013.
, o,RNERT P,yR
CITY OF ROHNERT PARK
19
Pam Stafford, Mayor VV
ATTEST:
Anne Buergler, City Clerk
AHANOTU: BELFORTE: �_ `�h MACKENZIE: CALLINAN: STAFFORD:)----)\1
AYES: ( `> ) NOES: (C) ) ABSENT: (CS ) ABSTAIN: (b )
STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213 (Rev 06/03)
FILF COPY
AGREEMENT NUMBER
13G -LA38
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 Rohnert Park through the Rohnert Park Department of Public Safety
2. The term of this July 1, 2013 through June 30, 2014
Agreement is:
3. The maximum amount $ 47,625
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 — Scopeof 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.ols.dgs.ca.gov /Standard +Language
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 Rohnert Park through the R bnert Park Department of,Public Safety
BY (Aul n d Signature) j} DATE SIGNED(Do not rinuj
M
Brian Masterson, Director
ADDRESS
500 City Center Drive
Rohnert Park, CA 94928
STATE OF CALIFORNIA 11
AGENCY NAME I�
Department of Alcoholic Beverage Control
BY (Authorized Signature)
DATE SIGNED(Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING I�
Ed Jimenez, Assistant Director, Administration
ADDRESS
3927 Lennane Drive, Suite 100; Sacramento, CA 95834
California Department of General
Services Use Only
® Exempt per: SCM 4.04.(A)(3)
Exhibit A
SCOPE OF WORK
PROJECT NARRATIVE - ABC (GAP) GRANT - Fiscal Year 2013/2014
"A Proved Tri Agency Cooperative Effort to Combat Alcohol Related Crimes"
Summary:
The Cities of Rohnert Park and Cotati, along with Sonoma State University, are located in the Northern San
Francisco Bay Area, All three share common borders. The City of Rohnert Park has a total area of 6.43 miles.
As of 2011, there were 41,043 residents in the City of Rohnert Park. The high population density was 6,379
people per square mile. The racial makeup of the city was 66.2% White, 22.1 % Hispanic, 1,7% African
American, 0.5% Native American, 5.1 % Asian, 0.4% Pacific Islander, 0.2% from other races, and 3.7% from
two or more races. The median age was 33.
The City of Cotati has a total area of 1.88 miles. As of the census of 2011, the population was 7,277 people.
The population density was 3,873 people per square mile. The racial makeup of the city was 72.5% White,
17.3% Hispanic, 1.6% African American, 0.6% Native American, 3.7% Asian, 0.3% Pacific Islander, 0.2%
from other races, and 3.8% from two or more races. The median age was 36.2.
As of the spring 2013 semester, Sonoma State University had a total student population of, approximately,
9,000. The demographics are as follows: 66.1 % White, 13.9% Hispanic, 2% African American, 0.8% Native
American, 4.5% Asian, 0.6% Pacific Islander, 6.4% from two or more races and 5.7% fell into other categories.
6,000 students reside throughout the cities of Rohnert Park and Cotati and 3,000 on campus.
The Rohnert Park Department of Public Safety is the largest agency with 54 sworn officers. The City of Cotati
has 12 sworn members, Sonoma State University Police Services is staffed with 14 officers. All sworn
personnel have been trained in general law enforcement, traffic enforcement, criminal investigations,
community oriented policing, crime prevention, and currently serve in the detective bureau, patrol division, or
as a canine officer. There are subject matter experts in ABC related laws and regulations, gang enforcement,
narcotics and/ or street crimes. Rohnert Park Officers are cross trained in fire prevention, fire suppression, and
basic life support medical care. Fifteen officers are assigned full -time, on a rotational basis, to the fire division.
This diversity, truly, makes Roluiert Park Officers unique when compared to traditional agencies in the State of
California.
The agencies will work cooperatively, without borders, to accomplish the goals and objectives through 43
enforcement operations, 25 Responsible Beverage Service (RBS) Trainings, and IMPACT inspections at all 125
licensed premises in the cities of Rohnert Park and Cotati as well as at Sonoma State University. In order to
carry out the campaign the three agencies are asking for a grant award of $47,625.00. The three agencies have a
proven track record for aggressively combating alcohol related nuisances and crimes. Past grants have resulted
in a high level of arrest statistics. A strong working relationship has been established with Agents from the
Department of Alcoholic Beverage Control Santa Rosa Office and Agent Dave Bickel of the GAP Unit.
The goals and objectives are to mitigate alcohol related nuisances and crimes as a result of the well anticipated
opening of the Graton Resort and Casino and Green Music Center in Rohnert Park; target problem premises
with special emphasis on alcohol related nuisance abatement through education and enforcement; reduce
alcohol related nuisances and crimes in the Downtown Cotati corridor (primary focus will be on Thursday
Exhibit A
nights); reduce youth access to alcohol through preventive measures, by keeping merchants informed, and
enforcement. Prevention, compliance and enforcement tasks will utilize the proven methods of Responsible
Beverage Service (RBS) Training, IMPACT, Trap Door, Shoulder Tap and Minor Decoy Operations along with
uniformed and plainclothes officers observing behaviors and tendencies in and around licensed establishments.
The City of Rohnert Park currently has 77 (28 Off -Sale and 49 On -Sale) businesses licensed to sell alcoholic
beverages as opposed to Cotati with 46(14 Off -Sale and 32 On- Sale). There are 2 On -Sale licensees at Sonoma
State University. Rohnert Park added 10 licensed establishments this past year. The number of licensed
premises is expected to increase significantly with the opening of the Graton Resort and Casino. A new
brewery / restaurant will occupy a large vacant retail space in Rolinert Park which once housed a problem
premise. The Downtown Cotati corridor has several licensed premises within a small concentrated area. This
over concentration leads to an array of alcohol related nuisances and crimes. The Cotati Police Department's
resources have been, specifically, strained on Thursday evenings as the five bars / nightclubs in the "Downtown
Corridor" tend to attract large crowds from Sonoma State University and Santa Rosa Junior College as well as
the outlying area.
Problem Statement:
Local, county, and state law enforcement agencies throughout the State of California are understaffed and rely
heavily on grant subsidized programs that allot overtime hours for special enforcement activities. When
implemented correctly these programs have proven to be effective; however, it is a known fact that alcohol
related crimes increase when there's a reduction in or seizure of prevention and enforcement efforts. Agencies
must continuously be proactive in addressing the issues at hand.
The City of Rol-inert Park is flanked by the 254 acre Graton Resort and Casino along the west side of the city
limits and the Green Music Center on the eastern border. The highly anticipated opening of the Graton Resort
and Casino in Rohnert Park is slated for November 2013. This 3,000 slot casino will be the largest in Northern
California. The venue contains four fine dining establishments, nine casual dining outlets, and a multitude of
"high energy" alcohol outlets ranging from sports bars to more intimate lounges. There will be alcoholic
beverage service at the slot machines and table games. It is unlmowri at this time whether alcoholic beverages
will be complimentary while gaining. The next phase will include an events center which will headline the
most popular sounds in music. Situated on the northern border of Sonoma State University, the critically
acclaimed Green Music Center is a state of the art entertainment venue that hosts both indoor and outdoor
concerts. The venue also includes an alcohol licensed restaurant. The Sonoma State University Catering
Department will be responsible for alcohol service during concerts and special events hosted on the expansive
lawn area. The outdoor arena is easily accessible as there is no barrier other than a landscaped berm. A
proactive approach will be implemented to help mitigate alcohol related problems.
The city of Rohnert Park has seen a spike in student housing throughout the city. Approximately 6,000 students
currently reside within the city limits. Many offer their residence as a place to host parties. In the past year
there's been an increase it1 tension between students and residents due to loud and unruly gatherings, urinating
in public, unlawfully entering a residence while intoxicated, underage drinking, public intoxication, etc. Zero
tolerance enforcement and posting of 60 day notices prohibiting the hosting of a party has made little impact,
Weekend officers frequently find themselves moving from party call to party call. A grant team can dedicate
resources at the scene to issue citations for alcohol related crimes.
Downtown Cotati contains a total of 17 on and off -sale licensees within a two block area. This highly
concentrated entertainment district is frequented by Sonoma State University and Santa Rosa Junior College
Exhibit A
students as well as patrons from other Bay area communities, It's long been known as the "Cotati Crawl,"
because patrons can bar -hop very easily and are able to consume large amounts of alcohol as it's harder for
bartenders and servers to track consumption. Many of the students are under age and toting false identification.
Other merchants, as well as residents, in the downtown area complain about the frequent litter, public urination,
drug sales, vandalism, fights, rowdy and unruly crowds, loud music, and other nuisance related issues that occur
most Thursday and occasional weekends nights. In the past seven months, 135 arrests have been made during
twenty six - five hour general enforcement operations in Downtown Cotati. Two community "town hall"
meetings will be held with neighboring residences to identify problems and provide instruction on how to
complete a Citizen's Log of Disruptive Behavior.
The above entertaiiunent venues currently or will soon contribute to the alcohol related nuisances and crimes
that afflict the Cities of Rollnert Park and Cotati as well as Sonoma State University. These crimes include, but
are not limited to: public intoxication, driving under the influence, minors in possession of alcohol, sales/
service to minors and obviously intoxicated patrons, binge drinking, disturbing the peace, vandalism, littering,
loitering, large parties, public urination, assault and battery, and sexual assaults.
Past enforcement activities proved that minors can easily obtain alcohol through shoulder tap methods as one
out of every ten persons solicited furnished alcohol. Minor access through retail outlets has seen a reduction in
sales/ service to our decoys from 16% to 10 %, Prevention efforts through mandated RBS training have played
a significant role in the reduction; however, merchants are also keen on how to detect a decoy.
Project Description:
Project Goals:
1. Mitigate alcohol related nuisances and crimes as a result of the opening of the Graton Resort and
Casino and Green Music Center in Rohnert Park;
2, Target problem premises with special emphasis on alcohol related nuisance abatement
3. Reduce alcohol related nuisances and crimes in the Downtown Cotati corridor;
4. Reduce youth access to alcohol from licensed premises.
Project Objectives:
1. Complete a press release by August 31, 2013 to "kick off' and publicize the project. Issue
periodic press releases regarding grant activity. E -mail copies of press releases to GAP Agent.
2. Identify problematic licensed establishments in the Cities of Rohnert Park and Cotati by August
31, 2013.
3. Develop and implement a multi- agency task force concept involving the Department of
Alcoholic Beverage Control, Rohnert Park Department of Public Safety, Cotati Police
Department, Sonoma State University Police Services and other GAP Recipients by August 31,
2013.
4. Develop and implement training on the Alcohol Beverage Control Act, ABC Enforcement
Manual, Rule 141, and other related laws and procedures for new and existing officers by June
30, 2014.
5. Conduct 12 Minor Decoy, Shoulder Tap, and/ or Underage Party Enforcement (Party
Patrol) Operations by June 30, 2014.
6. Conduct 30 Downtown Cotati, Problem Premise, Special Event/ Underage Party General
Enforcement, and/ or TrapDoor Operations by June 30, 2014.
Exhibit A
7, Conduct 1 Task Force Operation by June 30, 2014.
8. Conduct 3 IMPACT Operations to inspect all forty six licensed premises in the City of Cotati
and two licensees at Sonoma State University by June 30, 2014. Continue compliance checks, as
mandated by city ordinance, of all seventy seven licensed premises in the City of Rohnert Park;
cost incurred to inspect Rohnert Park licensed premises will be funded by the City of Rohnert
Park.
9. Host 25 Responsible Beverage Service (RBS) Trainings by June 30, 2014 (Six courses for
Graton Resort and Casino, Cotati Licensed Premises and Sonoma State University Catering
Employees will be funded under the grant. An additional nineteen RBS Trainings will be
scheduled to meet city ordinance mandate (Per city ordinance, new employees have 60 days to
attend RBS training and refresher training every 3 years); cost incurred to host additional RBS
Trainings will be funded by the City of Rohnert Park.
10. Host two "town hall" meetings with neighboring residences of the Downtown Cotati Corridor to
identify problems and provide instruction on how to complete a Citizen's Log of Disruptive
Behavior. To be completed by June 30, 2014.
11. Purchase and distribute UV lights for checking security features on identification for all 125
licensed premises by June 30, 2014.
12. Distribute educational materials, as a reference guide for merchants, related to checking
validity of identification by June 30, 2014.
Project Personnel:
As GAP Project Director I (Sgt. Mike Bates) successfully assembled a team of interested officers to conduct
grant operations on an overtime basis. This team consists of motivated sergeants and officers whose main focus
is to proactively combat alcohol related nuisances and crimes. Only dedicated members serve on this team as
there is a high expectation to make an impact during prevention programs and enforcement operations. The
team members are as follows: Sergeants: M. Bates (fire division), J. Nicks (detectives), C. Parker and D. Utecht
(patrol division); Officers assigned to patrol division: C. Kaupe, B. Fernandez, E. Bilcich, B. Gallo, K. AstIey,
M. Snodgrass, M. Werle, and N. Miller; Officers assigned to fire division: A. Savas, J. Kempf, D. Sutter, J.
Tatum, and J. Huffaker; Officer assigned to detective bureau: T. Douglas. Each operation will be overseen by a
sergeant or officer who is well versed in the Alcohol Beverage Control Act, ABC Enforcement Manual, Rule
141, and other related laws and procedures. The supervising officer will be joined by one additional officer
and/or the GAP Agent. The supervising officer will report results to the GAP Project Director. The Task
Force Operation will consist of three -two officer teams and the GAP Agent. The Rohnert Department of Public
Safety has consistently produced a reliable compliment of minor decoys through the years. Due to their
dependability, our decoys are frequently used by other grant recipient agencies as well as ABC Agents
throughout the state. A past decoy recently obtained a position as an Agent with the Department of Alcoholic
Beverage Control. All decoys receive extensive training and must abide by ABC rules and regulations.
As a dedicated representative of the three agency cooperative effort, I will be responsible for oversight of grant
operations, preparation and submission of monthly and final reports, and will continue to be an agency liaison
to the Department of Alcoholic Beverage Control. I have extensive experience as a GAP Project Director under
four prior grant awards and as a participant in several previous grants. I will also participate in prevention
activities and enforcement operations. As an ancillary assignment, I'm responsible for managing all alcohol
licensed premises in the City of Rohnert Park. My responsibilities include: review and approval of applications
for use permit to sell alcoholic beverages, compliance checks, and lead Responsible Beverage Service
Instructor. We look forward to the opportunity to continue a proven and invaluable relationship with the
Department of Alcoholic Beverage Control.
BUDGET DETAIL
Exhibit B
BUDGET CATEGORY AND LINE -ITEM DETAIL
COST
(Round budget amounts
to nearest dollar)
A. Personnel Services (straight time salaries, overtime, and benefits)
a ^� n
g calculations, The budget
An average overtime rate of $75.00 was used for all
projection is based on the following operations: Thirty (5 hr.) Downtown Cotati,
Problem Premise, Special Event General Enforcement & TrapDoor Operations (2
$44,700.00
Officers - $22,500); twelve (8 hr.) Shoulder Tap, Minor Decoy, and Party Patrol
Operations (2 Officers - $14,400), three (8 hr.) IMPACT Checks at Cotati Licensed
Premises ($1,800); one (8 hr,) Task Force Operation, (6 Officers - $3,600), six (5 hr.)
Responsible Beverage Service (RBS) Courses for Casino Employees, SSU Catering
& Cotati Licensed Merchants ($2,250). Two (1 hr.) "Town Hall" Meetings ($150)
TOTAL PERSONNEL SERVICES
$44,700.00
_. B. Expenses (maximum $2,50(1)
"Buy money" for enforcement operations.
$650.00
TOTAL OPERATING EXPENSES
$650.00
C. Equipment (maximum $2,500) ^..._
Purchase UV Lights to assist licensed merchants with detecting security
$1,200.00
features on Identification.
TOTAL EQUIPMENT
$1,200.00
D Travel Ex ense/Registration Fees (maximum $2,000)
_..__ _ _ _ _
... .. _. _P..._.__ _..__ ...._
(Registration fee for July 2013 GAP Conference attendees is $225 each)
Registration fee for 2013 GAP Conference. One attendee at $225
$225.00
Lodging, per diem, and travel expense for 2013 GAP Conference.
$850.00
TOTAL TRAVEL EXPENSE
$1,075.00
TOTAL BUDGET DETAIL COST, ALL CATEGORIES
$47,625.00
PAYMENT PROVISION
Page I of 2
Exhibit B
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 shall be
submitted in duplicate on a monthly basis in a format specified by the State. Failure to submit
invoices and reports in the required format shall relieve the State from obligation of payment.
Payments will be in arrears, within 30 days of Department acceptance of Contractor
performance, pursuant to this agreement or receipt of an undisputed invoice, whichever occurs
last. Nothing contained herein shall prohibit advance payments as authorized by Item 2100-
101 -3036, Budget Act, Statutes of 2013.
2. Revisions to the "Scope of Work" and the "Budget Detail" may be requested by a change
request letter submitted by the Contractor. If approved by the State, the revised Grant
Assistance Scope of Work and /or Budget Detail supersede and replace the previous documents
bearing those names. No revision cannot exceed allotted amount as shown on Budget Detail.
The total amount of the contract must remain unchanged.
3. Contractor agrees to refund to the State any amounts claimed for reimbursement and paid to
Contractor which are later disallowed by the State after audit or inspection of records
maintained by the Contractor.
4. Only the costs displayed in the "Budget Detail" are authorized for reimbursement by the State to
Contractor under this agreement. Any other costs incurred by Contractor in the performance of
this agreement are the sole responsibility of Contractor.
5. Title shall be reserved to the State for any State - furnished or State - financed property authorized
by the State which is not fully consumed in the performance of this agreement. Contractor is
responsible for the care, maintenance, repair, and protection of any such property. Inventory
records shall be maintained by Contractor and submitted to the State upon request. All such
property shall be returned to the State upon the expiration of this contract unless the State
otherwise directs.
6. If travel is a reimbursable item, the reimbursement for necessary traveling expenses and per
diem shall be at rates set in accordance with Department of Personnel Administration rates set
for comparable classes of State employees. No travel outside of the State of California shall be
authorized. No travel shall be authorized outside of the legal jurisdiction of Contractor without
prior authorization by the State.
PAYMENT PROVISION
Page 2 of 2
Exhibit B
7. Prior authorization by the State in writing is required before Contractor will be reimbursed for
any purchase order or subcontract exceeding $2,500 for any articles, supplies, equipment, or
services to be purchased by Contractor and claimed for reimbursement. Contractor must justify
the necessity for the purchase and the reasonableness of the price or cost by submitting three
competitive quotations or justifying the absence of bidding.
Prior approval by the State in writing is required for the location, costs, dates, agenda,
instructors, instructional materials, and attendees at any reimbursable training seminar,
workshop or conference, and over any reimbursable publicity or educational materials to be
made available for distribution. Contractor is required to acknowledge the support of the State
whenever publicizing the work under the contract in any media.
9. It is understood between the parties that this contract may have been written before ascertaining
the availability of appropriation of funds, for the mutual benefit of both parties, in order to
avoid program and fiscal delays that would occur if the contracts were executed after that
determination was made.
10. BUDGET CONTINGENCY CLAUSE - It is mutually agreed that if the Budget Act of the
current year and /or any subsequent years covered under this Agreement does not appropriate
sufficient funds for the program, this Agreement shall be of no further force and effect. In this
event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish
any other considerations under this Agreement and Contractor shall not be obligated to perform
any provisions of this Agreement.
If 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.
Updated 1/25/13
Exhibit D
Special Terms and Conditions
1 Disputes; 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 detennination of
such appeals shall be final and conclusive unless determined by a court of competent
jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as
necessarily to imply bad faith, or not supported by substantial evidence. In connection with
any appeal proceeding under this clause, the contractor shall be afforded an.opportunity to
be heard and to offer evidence in support of its appeal. Pending final decision of a dispute
hereunder, . Contractor shall proceed diligently with the performance of the contract and in
accordance with the decision of the State.
2. Termination Without Cause: Either party may terminate this agreement at any time for any
reason upon ten (10) days written notice. No penalty shall accrue to either party because of
contract termination.
Contract Validity: This contract is valid and enforceable_ only if adequate funds are
appropriated in Item 2100 -101 -3036, Budget Act of 2013, for the purposes of this program.
4. Contractor Certifications: By signing this agreement, Contractor certifies compliance with
the provisions of CCC 307, Standard Contractor Certification Clauses. This .documeInt may
be viewed at www.ols.d s.ca, a /si:� � dardJ -lan uLage.
5. If the State determines that the grant project is not achieving its goals and objectives on
schedule, funding may be reduced by the State to reflect this lower level of project activity.
Updated 1/10/13