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HomeMy WebLinkAbout322141 Department of Alcoholic Beverage Control (Agreement No: 15G-LA09 2 3 REVIEWED & RECOMMENDED FOR APPROVAL 4 5 6 8 ~~ MARGARET MIMS, Sheriff APPROVED AS TO LEGAL FORM: 9 Daniel C. Cederborg, County Counsel 10 11 12 13 14 15 APPROVED AS TO ACCOUNTING FORM: ATTEST: BERNICE E. SEIDEL, Clerk Board of Supervisors 16 VICKI CROW, Auditor-Controllerffreasurer-Tax Collector 11 ~~L ~ 18 By _.....:....__:_ _ ___::::~----- 19 20 Fund Subclass 21 ORG Account 22 23 24 25 26 27 28 0001 10000 31116315 3575 1 Exhibit A SCOPE OF WORK . Fro~ crime detection, investigation, and prevention to incarceration, the Fresno County Sheriffs Office IS a full-service law enforcement agency. Since its inception in 1856, the Fresno County Sheriffs Office has continued to evolve and expand its organizational structure and composition in its unyielding commitment to provide a superlative level of public safety, service, and satisfaction. The organization is currently comprised of 1053 employees, 390 of whom are sworn Deputy Sheriffs. The jurisdictional expanse for which these Deputy Sheriffs are responsible encompasses approximately 6,000 square miles within the Central San Joaquin Valley of California and ranges from rural mountainous and agricultural lands to both small and large municipalities. The demographics within this region, which are equally as diverse, include the backbone of the economy of this area of the State, the seasonal agricultural workers; the more affluent service-oriented professionals, such as physicians and attorneys; and the innumerable other occupations potentially held by any of the roughly 964,040 people who live within Fresno County. The immediate operational area of the Fresno County Sheriff's Office currently includes 617 ABC licensed establishments, 370 of which are in the incorporated areas and 7 of which are in the incorporated contract city of San Joaquin. Relative to the size, diversity, and population of this region, the limited number of Deputy Sheriffs within the Fresno County Sheriff's Office face a challenging task in their endeavors to effectively address the public safety needs and quality of life issues of the citizens and communities they serve. The organizational structure and composition of the Fresno County Sheriff's Office may best exemplify its full-service characterization. Within the organization there are five bureaus which are: Patrol Bureau, Detective Bureau, Administrative Services Bureau, Jail Operations Bureau, and Jail Programs & Services Bureau. The Fresno County Sheriffs Office is requesting funding in the amount of $98,546 for the 2015-2016 fiscal years, which would enable our organization to work toward the realization of certain goals and objectives. The relationship between the Fresno County Sheriffs Office and the Department of Alcoholic Beverage Control (ABC) is an integral component in aggressively and effectively targeting alcohol-related crimes in Fresno County. The Fresno County Sheriff's Office will continue to foster this relationship through the coordination of resources and operations with ABC, as well as the Fresno County District Attorney's Office, the Fresno County Health Department, the California Highway Patrol (CHP), and local law enforcement agencies. Specific objectives include the identification and investigation of problematic ABC licensed establishments and the execution of multiple Minor Decoy, Shoulder Tap, and Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) operations. Additionally, the Fresno County Sheriff's Office will actively work toward the formation of a joint Fresno County contingent of the small local law enforcement agencies, in order to supplement the limited personnel, training, experience, and resources inherent in these smaller organizations in policing their 370 ABC licensed establishments within the County of Fresno. The Fresno County Sheriffs Office will establish a working relationship with other allied law enforcement agencies in an effort to combat alcohol-related crimes throughout Fresno County. PROBLEM STATEMENT Fresno County covers a vast expanse of land containing an array of incorporated municipalities and rural stretches of agricultural and mountainous areas. There are a number of population centers such as Riverdale, Caruthers, and Prather. Several of the 617 ABC licensed establishments within the areas immediately patrolled by the Fresno County Sheriffs Office have been identified in various ways as problem establishments. Specifically, the Vice Unit actively monitors and gathers information pertinent to all ABC licensed businesses Exhibit A through a variety of methods, including tracking those that generate a high volume of calls for service, researching call histories, conducting proactive undercover inspections, and receiving information from patrol staff, the CHP, and other agencies. A gamut of alcohol-related issues and offenses, such as noise complaints, sales of alcohol after 2:00 a.m., sales of alcohol to minors, vandalism, thefts, illicit drug use, public indecency, DUI, disturbances, prostitution, sex crimes, and acts of violence occur at or around these businesses. Underage keg!Facebook parties are an additional problem of significance within the rural areas of Fresno County. These underage keg/Facebook parties generally occur at clandestine locations, including foreclosed residences, barns and open fields. These events usually occur undetected, until law enforcement receives a call for service. These underage keg/Facebook parties pose a range of hazards to the attendees, property owners, and community members. They are not just the focus of minors consuming alcohol and using illicit drugs, but there are often acts of violence, sexual assaults, property crimes, DUis, and motor vehicle accidents that occur as a consequence of these parties. Deputies and Detectives have responded to numerous keg parties where hundreds of minors are consuming large amounts of alcoholic beverages. With the introduction of a new product labeled "Palchohol" this will present a unique challenge to law enforcement and ABC as this form of powder based beverage becomes more readily available. Educating minors and the public in general will be a focus for the Fresno County Sheriff's Office as we work to reduce alcohol related crimes and deaths. This new product has the potential to go unnoticed by law enforcement officers as it is introduced to the public and we foresee its abuse at such venues as Fresno State University athletic events, public schools & events, during the boating season and other locations where alcohol is prohibited. The powder based product can easily be concealed and introduced into non-alcohol labeled containers to avoid detection during law enforcement contact. Information on the "Palchohol" website states they are hoping to have the product available for sale beginning in the summer of 2015. Another product which is seeing widespread use amongst minors is known as "Spice". The Fresno County Sheriff's Office has firsthand experience in conducting investigations related to synthetic cannabinoids. In 2012 Fresno County Sheriff's Detectives from the Narcotics and Vice/Intel Unit conducted a joint operation with the Drug Enforcement Agency (DEA) and Internal Revenue Service (IRS) which resulted in the seizure of $6.6 million dollars in assets and proceeds from the sale of synthetic cannabinoids. This herbal mixture produces similar effects to smoking marijuana but is marketed as a "safe" or legal alternative to cannabis with the additional benefit that the consumer will not test positive for marijuana. "Spice" is marketed under many different names such as: K2, Fake Weed, Yucatan Fire, Skunk, Moon Rocks and other names. "Spice" has been seen regularly sold at ABC licensed convenience stores and requires the purchaser to be over the age of eighteen (18) to legally purchase. The growing trend with those who consume "Spice" is to mix the herbal ingredients into a beverage in addition to the more common method of smoking the ingredients. In a 2012 University of Michigan study, researchers found "Spice" to be the second most commonly used illicit drug among high school seniors, second to marijuana. In addition to implementing minor decoy operations focusing on the sale of alcohol to minors, Vice Detectives will also be monitoring ABC licensed establishments for illegal sales of "Spice" to minors. Based on our prior experience, Fresno County Sheriff's Detectives will have the proper knowledge to further our investigations into these crimes which will not only result in the arrest/citation of those responsible for illegal sales but in our partnership with ABC, will result in administrative sanctions against the establishment's ABC license holder. Fresno County has numerous waterways throughout the vast area such as Avocado Lake, Shaver Lake, Pine Flat Lake, Huntington Lake, Millerton Lake, Kings River, San Joaquin River and the Fresno-Mendota Slough. These waterways provide the public with several options for recreation while consuming alcoholic beverages. Deputies have seen the number of alcohol related calls for service increase at these locations. Exhibit A During the boating seasons of 2013 and 2014, the Fresno County Sheriff's Boating Enforcement Unit conducted two hundred and twenty-five (225) water rescues. Boating Deputies confrrmed that most of the rescues are alcohol related. Boating Deputies investigated several alcohol related boating accidents, made twenty-one (21) boating under the influence arrests, one (1) minor operating a vessel under the influence arrest and three (3) public intoxication arrests. Detectives will team up with the Boating Enforcement Unit during the boating season seeking out individuals consuming alcohol. We plan to work these locations aggressively in the summer months to combat alcohol related crimes and increase the quality of life to its visitors. Detectives will also look to identify those that are under the influence of alcohol in an effort to reduce the number of drowning incidents, water rescues, and total alcohol related incidents. Fresno Sheriff's Detectives plan to continue our working relationship with the California State University Fresno (CSUF) Police Department and assist them in working their Fresno State University home football games. CSUF does not allow alcoholic beverages to be sold during their football games. However, persons are allowed to tailgate with alcoholic beverages prior to the game. There are also several fraternity houses on or near CSUF property that host large parties consuming alcoholic beverages. We have assisted ABC Investigators at these games in the past and have cited numerous minors for being in possession of alcoholic beverages and also adults for furnishing alcoholic beverages to minors. Fresno County Sheriffs Vice Detectives will work hand in hand with ABC and CSUF Police to help educate fraternities and students on the hazards of consuming alcoholic beverages. Detectives will also continue to stand side by side with ABC and CSUF Police on enforcing all alcohol related offenses on or near the CSUF campus. We have also worked off sale establishments near CSUF and have cited numerous individuals for furnishing alcoholic beverages to minors. The majority of the violators are underage CSUF Students. The Fresno County Sheriff's Office has seen funding and resources reduced which have translated into budgetary restrictions for the Fresno County Sheriffs Office, which ultimately hinders our organization's ability to properly address the many areas of concern and quality of life issues affecting the citizens of Fresno County. Fresno County has fifteen incorporated cities within the county. Fresno County Sheriff Vice Detectives have reached out to the smaller Fresno County cities with reduced budgets and resources in an effort to promote a working relationship as it relates to alcohol related offenses. Cities like Clovis, Coalinga, Mendota, Firebaugh, Kerman, Huron, Kingsburg, Selma, Parlier, Fowler, Orange Cove, Reedley, and Sanger have been very receptive to Fresno County Sheriff Detectives working ABC details in their cities that we share concurrent jurisdiction. All of these cities have establishments with alcohol-related issues and offenses such as noise complaints, sales of alcohol after 2:00 a.m., sales of alcohol to minors, vandalism, thefts, illicit drug use, public indecency, DUI, disturbances, prostitution, sex crimes, and acts of violence occur at or around these businesses. These city police departments lack the funding, resources, training, and experience that the Fresno County Sheriffs Vice Unit possess in enforcing, reducing, or preventing alcohol related crimes. The Fresno County Sheriffs Office is actively seeking local and state community based organizations to conduct presentations at Fresno County high schools. These presentations would include the education and awareness of underage drinking and the consequences. The Fresno County Sheriffs Office currently has five (5) Community Service Officers that teach at Fresno County Schools. There is a dedicated lesson regarding drug and alcohol abuse. Fresno County Sheriff Vice Detectives would like to incorporate underage drinking into this curriculum. Detectives would assist in the presentation to enhance the awareness, the education, and the dangers of underage drinking. The provision of funding from the ABC Grant Assistance Program (GAP) would be immeasurably beneficial to the citizens of Fresno County. The Fresno County Sheriffs Office would be better equipped to maintain an aggressive and proactive stance toward the enforcement of alcohol-related regulations and, thus, Exhibit A reduce, deter, or prevent the commission of other crimes. The Fresno County Sheriff's Office Vice Unit would be afforded the opportunity to conduct undercover operations at locations like "Fresno State University Football Games," coordinate operations with the small, local law enforcement agencies and patrol staff; perform Minor Decoy, Shoulder Tap, and IMPACT operations; and gather intelligence to target keg/Facebook parties. With the projected escalation in economic hardships, rising unemployment, and psychological stressors experienced by an increasing number of people, alcohol consumption and alcohol-related issues and crimes are likely to increase as well. The Fresno County Sheriff's Office is respectfully seeking the resources necessary to properly address these problems. PROJECT DESCRIPTION The ABC GAP funding would enable the Fresno County Sheriff's Office to focus on and significantly address alcohol-related problems throughout the unincorporated areas of Fresno County and the contract cities served by the Fresno County Sheriff's Office. The methods and strategies implemented will span across the duration of the 12-month grant period and will include a range of activities. The specific goals and objectives to be achieved during this timeframe consist of the following: 1. Partner with State & local community based organizations to conduct six (6) presentations regarding underage drinking. 2. Conduct at least twenty-five (25) Minor Decoy operations throughout Fresno County. 3. Conduct at least twenty-five (25) Shoulder Tap operations throughout Fresno County. 4. Conduct at least twenty (20) IMPACT operations throughout Fresno County, with multiple visits made to licensed locations during each operation. 5. Conduct at least fifteen (15) proactive inspections (undercover and uniformed) of ABC licensed premises and high incident areas to prevent and enforce alcohol-related crimes and thwart alcohol purchases and possession by minors. 6. The Vice Unit will seek out and/or assist with the investigation of large juvenile parties, sometimes referred to as keg/Facebook parties. 7. Make a minimum of six (6) press releases to the local media after each ABC detail giving number of arrests and/or citations. PROJECT PERSONNEL The Fresno County Sheriff's Office Vice/Intel Unit will be responsible for the implementation, supervision, project reports and evaluation of all aspects of the ABC GAP grant project. The staffing required to effectively carrying out the grant activities and objectives will include the Vice/Intel Unit sergeant and four Vice Unit detectives. The primary Vice Unit personnel who will be responsible for the fulfillment of the ABC GAP grant project's goals and objectives are: Sergeant Kent Jones, Detective Stewart Asselin (Deputy Sheriff IV), Detective Ervin Mathis (Deputy Sheriff ill), Detective Andrew Veneman (Deputy Sheriff ill) and Detective Michael King (Deputy Sheriff III). Each of the detectives has previous and ongoing training and experience with ABC, working undercover operations, working with minor decoys, and enforcing ABC laws and regulations. However, the present limitations of their resources preclude their application of the time, energy, and tenacity necessary to thoroughly and vigorously combat alcohol-related problems. The provision of this grant funding would effectively augment the Vice Unit's current activities and enable them to more expansively and efficaciously target alcohol-related issues and crimes in Fresno County. Other detectives, who are currently assigned to the Criminal Intelligence Unit and who also have ABC training and experience, will assist with ABC operations when necessary. BUDGET DETAIL Exhibit B BUDGET CATEGORY AND LINE-ITEM DETAIL COST A. Personnel Services (Straight Time Salaries, Overtime, and Benefits) (Round budget amounts to nearest dollar) -"M'OOM,_oHH-OH, _____ , __ ,_,,_,_,_, ____ ,,_,,,,,_,,,,_,_, ___ ,_,,_, ___ ,,,_,_,,_, _______ ,, ____ ,,,,_, ________ ,,_,, ______ , ____ ,,_,, ____________ A.l Straight Time A.2 Overtime Sergeant Overtime Est. 200 hours@ $71.04 per hour= $14,208 $85,713 Deputy IV Overtime Est. 300 hours@ $63.24 per hour= $18,972 Deputy III Overtime Est. 900 hours @ $58.37 per hour= $52,533 A.3 Benefits Employee Benefits-OASDI benefits estimated at 7.65% x $85,713 $6,557 ""'·-·-··-""'-''"'"-·-"·--·····"""-"-·-··"···-··--··-.. -··-·-·-·-.. ·--··-·--... ·--·---··-·--··--··-·--··--·-·---·------..... __ , ______________________ ,,,,,_, r-·--------·---·-·---- TOTAL PERSONNEL SERVICES $92,270 B. qperating Expenses (maximum $2,500) ··---------·----------- Buy money for investigations including decoy and shoulder tap operations. $2,500 --------------- TOTAL OPERATING EXPENSES $2,500 ._ .. 5..:~-q_~iJ?~ei!_!J~axi_!llum $2,500) (Attach receipts for all equipment purchases to monthly billing invoice) Intoximeter brand Alco-Sensor FST (Purchase of two units at approx. $625 each) $1250 Support & Maintenance Supplies for lntoximeter Alco-Sensor FST $246 Holsters & Magazine carriers for Concealed Carry of handgun & spare magazines $950 for Special Investigation Detectives (SID) TOTAL EQUIPMENT $2,446 D. Travel Expense/Registration Fees (maximum $2,000) Registration fee for July 2015 GAP Conference, 2 attendees at $225 each $450 Lodging for July 2015 GAP Conference, 2 attendees at $111/night for 2 nights $444 Per Diem for July 2015 GAP Conference, 2 attendees at $56/day for 3 days $336 Miscellaneous expenses (Parking, telephone, WIFI) at $25/day per 2 attendees for 2 $100 days _ ..... _ .. ,, _______________________ . TOTAL TRAVEL EXPENSE $1,330 TOTAL BUDGET DETAIL COST, ALL CATEGORIES $98,546 PAYMENT PROVISION Page 1 of2 Exhibit B 1. INVOICING AND PAYMENT: Payments of approved reimbursable costs (per Budget Detail attached) shall be in arrears and made via the State Controller's Office. Invoices 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 ofDepartment 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 of2015. 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 of2 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. 8. 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 appropri~tion 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. lO.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 1128/15 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 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 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. 3. Contract Validity: This contract is valid and enforceable only if adequate funds are appropriated in Item 2100-101-3036, Budget Act of 2015, 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 document may be viewed at http:ijwww.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx. 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 1/29/15