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HomeMy WebLinkAboutContract 43346 (2)CITY SECRETARY CONTRACT N0. „ INTERLOCAL COOP THE STATE OF TEXAS COUNTY OF HAYS ;RATION CONTRACT This Interlocal Cooperation Contract (this "Contract") is entered into by and between the Contracting Parties shown below pursuant to authority granted in and in compliance with the Interlocal Cooperation Act, Chapter 791, Texas Government Code. I. Contracting Parties The Receiving Party: Texas State UniversityraSan Marcos ("Texas State") an institution of higher education and agency of the State of Texas. Texas School Safety Center Florence C. Raymond 350 N. Guadalupe, Suite 140, PMB 164 San Marcos, Texas 78666 877 304-2 72 7 The Performing Party: City of Fort Worth a local government of the State of Texas Fort Worth [police Department Program Manager Sasha Kane 350 West Belknap Street Fort Worth, TX 76102 II. Statement of Services to be Performed Performing Party will perform the following service(s): Conduct up to 580 Controlled Buy/Stings of tobacco permitted retailer outlets not covered by the Comptroller of Public Account (CPA) Grant Funds using minors as decoys, to determine compliance with applicable laws in accordance with Health and Safety Code s5161.082 —Sale of cigarettes or tobacco products to persons vounger than 18 years of aae prohibited: Proof of age required. Work shall be performed following the details outlined in attached Scope of Work Exhibit A, and Performance Measures Exhibit B III. Basis for Calculating Reimbursable Costs Performing Party shall be paid $75.00 for each correct and completed Controlled Buy/Sting reported on the Cigarette and Tobacco Controlled Buy/Sting Report form (for a maximum of 580 Controlled Buy/Stings x $75.00 0 $43,500.00). Payment will be based on the receipt and approval of an invoice for services. All costs incurred for the purpose of conducting a complete Control Buy/Sting are the responsibility of the contractor. In order to receive full payment for the Controlled buy/Stings including follow-ups billed for each performance reporting period, a completed Cigarette and Tobacco Controlled Buy/Sting Report must be attached for each along with additional information outlined in Exhibit C, Payment For Services. March 2012 _ uo26--12 A07.57 IN 05-22-12 Al 0: 10 IN Page l of8 IV. Contract Amount The total amount of this Contract shall not exceed FORTY-THREE THOUSAND FIVE HUNDRED DOLLARS AND NO/100 CENTS ($43,500.00). This is the maximum amount collectable under the Contract as written. V. Payment of Services Receiving Party will remit payments to Performing Party for services satisfactorily performed under this Contract in accordance with the Texas Prompt Payment Act, Chapter 225, Texas Government Code. Payments made under this Contract will (1) fairly compensate Performing Party for the services performed under this Contract and (2) be made from current revenues available to Receiving Party in the form of a contract from the Department of State Health Services to fund local law enforcement agencies to enforce Health and Safety Code 161.082 — Sale of cigarettes or tobacco products to persons vounaer than 18 years of age prohibited. Proof of age required. VI. Warranties Receiving Party warrants that (1) the services are necessary and authorized for activities that are properly within its statutory functions and programs; (2) it has the authority to contract for the services under authority granted in Texas Government Code 403.105 — Permanent Fund for Health and Tobacco Education and Enforcement, (3) it has all necessary power and has received all necessary approvals to execute and deliver this Contract; and (4) the representative signing this Contract on its behalf is authorized by its governing body to sign this Contract. Performing Party warrants that (1) it has authority to perform the services under authority granted in Chapter 161.088, Texas Health and Safety Code and Chanter 791, Texas Government Code: (2) it has all necessary power and has received all necessary approvals to execute and deliver this Contract; and (3) the representative signing this Contract on its behalf is authorized by its governing body to sign this Contract. VII. Term of the Contract This Agreement is effective as of the later of or date fully executed by both parties ("Effective Date") and shall terminate on August 31, 2012. VIII. Termination In the event of a material failure by a Performing Party to perform its duties and obligations in accordance with the terms of this Contract, the other party may terminate this Contract upon 30 days' advance written notice of termination setting forth the nature of the material failure; provided that, the material failure is through no fault of the terminating party. The termination will not be effective if the material failure is fully cured prior to the end of the 30-day period. March 2012 Page 2 of 8 Executed effective as of the Meetivo Date by the following duly authorized representatives of the Contracting Parnos: Performing Party City of Fort Worth By adaaittA field9 Jeffry 9/F/. I-!'alsteact Chief of Police Date: Clitia By V‘Ziee3/4,00stez_i Char es W. Daniels Assistant City Manager Date &521JZ By Jessica)SangsvaNgi Assistant City Attorney Date By / Mary Keyser City Secretary Date Receiving Party Texas State University -San Marcos By Name! Scott Erwin Title re#dr of Sponsored Programs (016/6 Date: if,ar:›•"?;\f,, foilidertcikb av co0 000l ,4 �l (] aflr�ii March 2012 Page 3 of 8 EXHIBIT A SCOPE OF WORK The Contractor shall diligently render the following performance: Contract funds shall be used to support the enforcement activities and additional programs requirements outlined in 1-4 of Exhibit A, Scope of Work. Contractor shall meet the assigned minimum Performance Measures assigned in Exhibit B 1. Enforcement Activities Contractor shall: a) Conduct Controlled Buy/Stings of tobacco permitted retailer outlets not covered by the Comptroller of Public Account (CPA) Grant Funds using minors as decoys, to determine compliance with applicable laws in accordance with Health and Safety Code M161.082 — Sale of cigarettes or tobacco products to persons younger than 18 years of age prohibited: Proof of age required. Refer to Exhibit B Schedule Performance Measures, for the number of Controlled Buy/Stings to be conducted by your agency. b) Record the results of the Controlled Buy/Stings conducted using the Texas Department of State Health Services Cigarette and Tobacco Controlled Buy/Sting Report form provided by the Texas School Safety Center at Texas State University - San Marcos. c) Use non-smoking male and female minors ages 14 — 16 in accordance with Health and Safety Code Chapter 161.088 — Enforcement Announced Inspections. d) Use the State Comptroller of Public Accounts most recent Tobacco Permitted Retail Outlet List for the Controlled Buy/Stings to obtain Retail Outlet name, address, and tobacco permit numbers. e) Select the Tobacco Permitted Retail Outlets that will receive a Controlled Buy/Sting that are not currently covered by the Comptroller (CPA) Funding. f) Conduct follow-up Controlled Buys/Stings of retail outlets found to be in violation of state laws. Reasons for follow-up may include: 1) repeated violations, 2) knowledge of historical perspective of previous sales to minors, and /or 3) complaints received where a follow-up is needed. Follow-up Controlled Buys/Stings shall be conducted within two to ten (2-10) days of original Controlled Buy/Sting. g) Conduct follow up inspections on complaints regarding retailer and/or other violations received on the state's 1-800 tobacco hotline. March 2012 Page 4 of 8 2. Training Activities Contractor shall: a. Assign a minimum of two (2) agency representatives to participate in a live web - based training session conducted by Texas School Safety Center. Representatives shall include the person(s) assigned to the implementation of the contract activities, and/or the line supervisor overseeing the day-to-day activities of this contract, and the person(s) conducting the enforcement outlined in Exhibit A, Scope of Work. b. Participate in any and all ongoing technical assistance and training activities offered by the Texas School Safety Center at Texas State University -San Marcos. Reporting Requirements Contractor shall: S ubmit a monthly activity summary report for the enforcement activities conducted, using the Monthly Summary and Invoice form provided by the Texas School Safety Center at Texas State University -San Marcos. P rovide monthly a short summary of challenges and obstacles encountered in the course of conducting Controlled Buys/Stings using minors for each performance reporting period, using the Monthly Summary and Invoice form provided by the Texas School Safety Center at Texas State University -San Marcos. S ubmit the Monthly Summary and Invoice form to include the number of Controlled Buy/Stings conducted and Citations issued within the performance reporting period. Controlled Buy/Stings conducted as part of a Follow-up shall also be included in the total of Controlled Buys/Stings conducted. d. Submit billing information for services provided in the invoice section of the Monthly S ummary and Invoice. Payment amount for services is outlined in Exhibit C P ayment for Services. The Monthly Summary and Invoice form shall be signed by the designated authorized official. e. The Monthly Summary and Invoice form shall be submitted to the Texas School S afety Center on the 4th of the month for activities of the previous month. The report may be mailed or faxed to the Texas School Safety Center, 350 N. Guadalupe — Suite 140, PMB 164,San Marcos, Texas 78666. Fax # 512-245-1133. f. Texas School Safety Center will provide violation information to the Comptroller of P ublic Accounts as required by law, (Health & Safety Code, Section 161 090 Reports of Violation) by the 10th working day of the month for activity of the previous month. March 2012 Page 5 of 8 4. Additional Program Requirements Contractor shall: a. Assign a minimum of one (1) agency representative to the implementation of the activities of this contract, and provide the name(s) of any key personnel changes that impact the requirements of this contract. b. Coordinate enforcement activities with other law enforcement agencies in the area. Coordination of services shall include but not limited to resources such as officers and minor decoys to maintain integrity of the undercover operation in testing compliance with tobacco sales to minors. Contractor shall maintain specific, detailed supporting documentation of all programmatic records used in the course of conducting the Controlled Buy/Stings for a minimum of 4 years. March 2012 Page 6 of 8 EXHIBIT B PERFORMANCE MEASURES The following performance measures will be used to measure compliance with the services rendered as described in Exhibit A, Scope of Work. Contractor shall: 1. Conduct the minimum number of activities for this contract period as follows: a. Number of Controlled Buys/Stings using minors as decoys: 580 b. A performance measure will not be assigned for follow-up of Controlled Buys/Stings as a result of local perspective of previous sales to minors and/or complaints received. However, contractor is required to conduct follow-up of retail outlets not in compliance and report the activity monthly. c. Contractor shall follow the Contractor's Program Work Plan monthly goal pre- established upon inception of the contract. The Contractor's Program Work Plan outlines monthly goals for your agency to follow from to August 2012. d. Deviation from the pre -established Contractor's Program Work Plan requires prior approval. March 2012 Page 7 of 8 E,AVIV ;7)(11IBI1 C FN I FOR SERVICES Payment will be based on the receipt and approval of an invoice for services. Contractor shall: 1. Be paid monthly upon submission of Parts 1-5 of the Monthly Summary and Invoice form and attachments as confirmation of services rendered. a. Record the number of Controlled Buy/Stings conducted and attach complete Cigarette and Tobacco Controlled Buy/Sting Report forms for each Controlled Buy/Sting conducted for the Performance Reporting Period. The total activity reported shall correspond to the pre -established monthly goal listed in the Contractor's Program Work Plan. b. Be paid $75.00 for each correct and completed Controlled Buy/Sting reported on the Cigarette and Tobacco Controlled Buy/Sting Report form. All costs incurred for the purpose of conducting a complete Control Buy/Sting are the responsibility of the contractor. In order to receive full payment for the Controlled buy/Stings including follow-ups billed for each performance reporting period a completed Cigarette and Tobacco Controlled Buy/Sting Report must be attached for each. 2. Submit invoices and attachments to: Chad Nolte Law Enforcement Contract Specialist Tobacco Prevention & Community Services Texas School Safety Center Texas State University -San Marcos 350 N. Guadalupe, Suite 140, PMB 164 San Marcos, Texas 78666 Phone: 512-245-9665 Fax: 512-245-1133 Email: cn1082(6txstate.edu The Monthly Summary and Invoice form shall be reviewed by the 15th of the month and submitted for payment if information included in the report and attachments are correct. Payment shall be subject to laws of the State of Texas including Prompt Payment. Notwithstanding the foregoing, the cumulative amount of Service Fees remitted by University to Contractor shall not exceed $43,500.00 "Fee Cap") without the prior written approval of the University. In addition, total fees for the Work shall not exceed the following specified amounts without the prior written approval of University: March 2012 Page 8 of 8 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/1/2012 — Ordinance No. 20189-05-2012 DATE: Tuesday, May 01, 2012 REFERENCE NO.: **C-25584 LOG NAME: 35ADDITIONAL TOBACCO FUNDS SUBJECT: Authorize Acceptance in the Amount of $43,500.00 in Grant Funds from the Texas School Safety Center at Texas State University San Marcos, Authorize Execution of Related Contract with Texas State University San Marcos for Operations to Discourage the Sale of Tobacco Products to Minors and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the acceptance of grant funds from the Texas School Safety Center at Texas State University San Marcos in the amount of $43,500.00 2. Authorize the execution of the grant contract for funds in the amount of $43,500.00; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $43,500.00 upon receipt of the grant. DISCUSSION: The Texas School Safety Center at Texas State University San Marcos was granted $400 000.00 in controlled buy/sting tobacco grant funds from the Department of State Health Services Mental Health Division, Substance Abuse Division In turn Texas State University San Marcos granted the Fort Worth Police Department funds in the amount of $43 500.00 for controlled ' buy money" for sting operations The funds are allocated for controlled buys/stings 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. FIJND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers GR76 451989 035498568000 GR76 5(VARIOUS) 035498568010 CERTIFICATIONS: Submitted for City Manager's Office bv: Originating Denartment Head: Additional Information Contact: $43.500.00 $43.500.00 Charles Daniels (6199) Jeffrey W. Halstead (4210) Christy Rodriguez (4244) ATTACHMENTS 1. 35ADDITIONAL TOBACCO FUNDS A012.doc