HomeMy WebLinkAboutContract 40789CITY SECRETARY
TEXAS COMPTROLLER'S 2011 TOBACCO GRAI�NTRACT NO, 4 4
ACCEPTANCE AGREEMENT AND COMPLIANCE STANDARDS
FOR LOCAL LAW ENFORCEMENT AGENCIES
(This signed document must be returned before grant funds will be awarded)
By this Agreement, Fort Worth Police Department (hereinafter "Grantee") hereby agrees and certifies that Grantee shall
comply with all requirements in the 2011 Scope of Work provided to Grantee contemporaneously with this Agreement and
all applicable provisions of the Uniform Grant and Contract Management Standards (UGCMS) promulgated by the Office
of the Governor pursuant to the Uniform Grant and Contract Management Act, Chapter 783, Government Code. A copy of
the UGCMS may be obtained from the Office of the Governor at
www.governor.state.tx,us/files/state-grants/UGMS062004.doe.
Grantee acknowledges that appropriate approvals have been obtained from its governing body (city council or county
commissioners' court) to accept and utilize all grant funds as specified in this Agreement.
Grantee shall use or expend grant funds exclusively for the following tobacco compliance and enforcement activities,
unless directed otherwise by the Texas Comptroller of Public Accounts (Comptroller):
• Grantee shall provide compliance education to each local court involved in adjudicating grant agency's related citations.
citations.
• Grantee shall provide ongoing and consistent compliance education to tobacco retailers and local court personnel
concerning the tobacco laws.
• Grantee shall provide an ongoing and consistent enforcement initiative that utilizes on -site compliance
inspections of cigarette or tobacco retail outlets by law enforcement and other officers and fully acknowledges
that the foregoing may result in the issuance of citations.
• Grantee shall provide an ongoing and consistent enforcement initiative that utilizes on -site controlled buys at
cigarette or tobacco permitted retail outlets by officers, using minors as decoys (i.e., "stings") that may result in
the issuance of citations.
• Grantee shall allocate grant fund expenditures for enforcement and compliance activities as
Comptroller's office.
• Grantee shall provide monthly enforcement activity reports and quarterly compliance education
status reports to the Comptroller's contractor the Texas Statewide Tobacco Education and Preve
STEP) initiative.
Approval of grant funding, based on the application submitted by the prospective Grantee or agency, does
approval of any or all plans or requests as listed in the submitted application. Appropriate use of grant fun.
protocols for education and enforcement activities will be covered in the grant training.
Comptroller reserves the right, under this Agreement, to unilaterally amend the terms of the Agreement at any time and to
impose additional requirements on Grantee at the sole discretion of the Comptroller.
Grantee understands and acknowledges that failure to comply with the terms of this Agreement, including grant usage ,
restrictions, or with any applicable state or federal law or regulation, shall result in the forfeiture of grant funds. Upon
forfeiture, Grantee shall also be responsible for the return of the full amount of the original grant to the Comptroller.
This grant award is in the amount of $30,000 and covers the period from Sept. 1, 2010, through Aug. 31, 2011. Grantee
��� � �j shall return all unexpended grant funds within 45 days of the close of this grant period.
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Name and Title of Official authorized to accept grant fundsv Department or Agency Name
on behalf of County or Municipality (Please print)
Signature of AutgWed OOf`ficial Dapte� FEI Number (required)
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s FT. WORTH, TX
C.9
Texas Comptroner's 2011 Tobacco Compliance Grant
Scope of Work
Local Law Enforcement Grantee Requirements
Contract funds shall be used to support the enforcement, compliance education and reporting of activities related to
the grants as follows: 60 percent of the effort of all grant activities shall be focused on Retailer Controlled
Buys/Stings; 20 percent shall be focused on Retailer Compliance Inspections; 15 percent shall be focused on
Retailer and Judicial Education; 5 percent is available to cover the costs of reporting. Grantee shall follow program
requirements outlined in Sections A, B and C.
A. Grant Activities —Controlled Buys (60 percent), Compliance Inspections (20 percent), Retailer and
Judicial Education (15 percent), Reporting of Activities (5 percent)
• Grantee shall conduct tobacco education for retailers for the purpose of reducing youth access to
tobacco products, and to ensure compliance with the Health and Safety Code, Chapter 161 —
Subchapters H, K and N.
• Grantee shall conduct tobacco education for each local court in the city and/or county to which
Grantee submits citations for tobacco law violations and which may assist in obtaining
information concerning the final disposition of citations written in accordance with Health and
Safety Code, Chapter 161 — Subchapters H, K and N.
• Grantee shall conduct on -site compliance inspections of tobacco retailers, not using minors as
decoys, which may result in the issuance of citations for violations in accordance with Health and
Safety Code, Chapter 161 — Subchapters H and K.
• Grantee shall conduct on -site controlled buys/stings of tobacco retailers using minors as decoys, to
determine compliance with applicable laws in accordance with Health and Safety Code, Chapter
161 — Subchapter H.
• Grantee shall conduct follow-up inspections/controlled buys of tobacco retailers found to be in
violation of state laws concerning tobacco in Grantee's jurisdiction.
• Grantee shall conduct follow-up activities on complaints sent to Grantee concerning tobacco law
violations within Grantee's jurisdiction.
• Grantee shall submit reports to the Comptroller's contractor, Texas Statewide Tobacco Education
and Prevention (Texas STEP) (as noted in "C" on the next page.)
B. Additional Program Requirements
• Grantee shall designate staff to attend the Technical Assistance Training provided by the
Comptroller's contractor Texas STEP, concerning the recommended protocols for performing
compliance education and enforcement activities, appropriate use of grant funds and reporting
requirements. This training relates to controlled buys, compliance inspections, compliance
education, financial reporting and other duties as prescribed by Senate Bill 55, 75th Legislature.
Grantee shall comply with all applicable state and federal laws, regulations and guidelines.
• Grantee shall ensure attendance at training events by local law enforcement officer(s) responsible
for conducting the tobacco compliance education and enforcement activities who can return to the
department and train other officers and staff on the grant requirements and procedures covered in
the training.
OFFIC�A� RECOR& ° -over-
CITY SECRETARY
FT. WORTH, TIC
EPA
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COUNCIL ACTION: Approved on 8/24/2010 —Ord. No. 19284-08-2010
DATE: Tuesday, August 24, 2010 REFERENCE NO.: **C-24411
LOG NAME: 35TOBACCOFY2011
SUB.IECT:
Ratify the Application for and Authorize the Acceptance of $30,000.00 in Grant Funds from the Statewide
Tobacco Education and Prevention Grant, Authorize the City Manager to Execute a Related Contract with the
State of Texas and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Ratify an application for the Statewide Tobacco Education and Prevention Grant from the Texas
Comptroller of Public Accounts in the amount of $30,000.00;
2. Authorize the City Manager to accept the grant funds, if awarded, and execute a contract with the State of
Texas for that purpose; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants
Fund in the amount of $30,000.00 upon receipt of the grant.
DISCUSSION:
Every year the Texas Comptroller of Public Accounts awards the Fort Worth Police Department funding to
participate in the Statewide Tobacco Education and Prevention Program. Grant funds in the amount of
$30,000.00 have been awarded for Fiscal Year 2011 to fund officers' overtime, associated fringe benefits, and
"buy money" for sting operations. The funds are allocated for retailer education, retailer inspections and
covert "minor buys" to discourage retailers from selling tobacco products to minors.
FISCAL INFORMATION:
The Financial Management Services Director certifies that upon approval of the above recommendations,
receipt of the grant, and adoption of the attached appropriation ordinance, funds will be available in the
current operating budget, as appropriated, of the Grants Fund.
FUND CENTERS:
TO Fund/Account/Centers
73R76 451915 035443486000 $30,000.00
GR76 5XXXXX 035443486010 $30,000.00
CERTIFICATIONS:
Submitted for City Manager's Office b�
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
Tom Higgins (6192)
Jeffrey W. Halstead (4210)
Monique Lee (4221)
ATTACHMENTS
1. 35TOBACCO FY2011 AO.doc