HomeMy WebLinkAboutContract 43847 a
CITY SECRETARY
CONTRACT NO,
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INTERLOCAL COOPERATION CONTRACT
THE STATE OF TEXAS
COUNTY OF HAYS
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
Intedocal Cooperation Act, Chapter 791, Texas Government Code,
I. Contracting Parties
The Receiving Party: Texas state University-San 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
877-304-2727
The Performing Party: City of Fort Worth a local government of the
State of Texas
Mr. Charles W. Daniels,Assistant City Manager
1000 Throckmorton St
Ft, Worth, Tx 76102-2004
II. Statement of services to be Performed
Performing Party will perform the following service(s):
Conduct 820 Controlled Buy/Stings and Follow-ups of tobacco permitted retail outlets using
minors as decoys, to determine compliance with applicable laws in accordance with Health
and Safetv Code§161.082—Sale of cigarettes or tobacco products to persons younger than
8 years of age rohibited: Proof of a e re uired. work shall be performed following the
details outlined in attached Scope of work--- Exhibit A, Performance Measures, and Exhibit B.
III. Basis for Calculating Reimbursable Costs
Performing Party shall be paid $75.00 for each correct and completed Controlled Buy/Sting and
Follow-up reported on the Cigarette and Tobacco Report form (for a
maximum of 820 Controlled Buy/Stings and Follow-ups x $76.00 each for a total of
$61,600.00). Payment will be based on the receipt and approval of an invoice for services. All
costs incurred for the purpose of conducting a complete Control Buy/Sting and Follow-up are
the responsibility of the contractor. In order to receive full payment for the Controlled
buy/Stings and Follow-ups billed for each performance reporting period, a completed Cigarette
and Tobacco Controlled Buy/Sting Report must be attached for each along with additional
information outlined in Exhibit C, Payment For Services.
Septe rnber 2012 OFFM�ECR'���►RY page ] of$
f:Ta VVORTHi TX 11-06-12 P016615 IN
IV. Contract Amount
The total amount of this Contract shall not exceed SIXTY NE THOUSAND FIVE HUNDRED
DOLLARS AND NO1100 DENTS ($61,500.00). This is the maximum amount collectable under
the Contract as written.
V. Payment of Services
Receiving Party will remit payments to Performing Party for services satisfactorily performed
under this Contract in accordance with the Texas Prompt Payment Act, Chapter 225, Texas
Government Code.
Payments made under this contract will (1) fairly compensate Performing Party for the services
performed under this contract, and (2) be made from current revenues available to Receiving
Party in the form of a contract from the Department of State Health Services to fund local law
enforcement agencies to enforce Health and Safetv Code 161.082—Sale of ciciareftes or
tobacco products to ersons younaer than 1$vears of age rohibited: Proof of a e re uired.
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 Government Cade 403.105—Perrrranent 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 Chester 161.088, Texas Health and Safety ode and Chapter 791, Texas
Govemment_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 September 1, 2012 and shall terminate on August 31, 2013.
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.
September 2012 Page 2 of 8
Executed effective as of the Effective Date by the following duly authorized representatives
of the contracting Parties;
Performing Party Receiving Party
City of Fort Worth Texas State Uni ity-San M cos
By By M.
Name axles W. Daniels Name: Cott Erwin
Title Assistant City Manager Title Director of Sponsored Programs
Date. 149* 2 S. date.
(Iiu."M,"
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gy
Name, Jeffrey W. Halstead _
Title Chief of Police
Date 0Z1, 7.,-
APPROVED T FGRPO AND G TIY:
By
Name Je ica Sangsvang
Assistant City Attorney . '� ll�
Title .o. � ��
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Date A��p° o
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Name Mary K s
Title City Secretary
Date )00e�
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OFFICIAL RECORD September��12 Page 3 of$
CITY SECRETARY
FT. WORTHY TX
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 Sco a of Work. Contractor shall meet the assigned
Performance Measures assigned in Exhibit B.
1. Enforcement Activities
Contractor shall:
a. Conduct Controlled Buy/Stings and Follow--ups of tobacco permitted retail outlets
using minors as decoys, to determine compliance with applicable laws in accordance
with Health and Safetv Code 161.082•-Sale of ci arettes or tobacco products to
arsons younaer than 18 vears of a e prohibited: Proof of a e re uired. Refer to
Exhibit B schedule--Performance Measures, for the number of Controlled Buy/Stings
to be conducted.
b. Record the results of the Controlled Buy/Stings conducted using the Texas Department
of state Health Services JDSHS) Cigarette and Tobacco Controlled ReDort
form provided by the Texas school safety Center at Texas State University-San
Marcos.
c. Use non-smoking male and ferrule minors ages 14-- 16 in accordance with Health and
Safety Code Cho ter 161.088--Enforcement; Announced Ins ections.
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. 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.
f. Conduct Follow-up Inspections on complaints regarding retailer and/or other violations
received on the state's 1-800 tobacco hotline.
September 2012 Page 4 of 8
2. Training Activities
Contractor shall:
a. Assign appropriate 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.
3. Reporting Requirements
Contractor shall:
a. Submit a monthly activity summary report for the Controlled BuylStings and Follow-
ups conducted, using the Monthht SummaN and Invoice form provided by the Texas
School Safety Center at Texas State University-San Marcos.
b. Provide a short summary of challenges and obstacles encountered in the course of
conducting Controlled Buys/Stings and Follow--ups for performance reporting period,
using the Monthly Summary and Invoice form provided by the Texas School Safety
Center at Texas State University-San Marcos.
C. Submit the Monthly Summary and invoice form to include the number of Controlled
Buy/Stings conducted along with the number of 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
Summary and Invoice form. Payment amount for services is outlined in Exhibit C
Payrnent_for Services. The Monthiy ummar and Invoice form shall be signed by
the designated authorized official.
e. The Monthly Summa and Invoice form shall be submitted to the Texas School
Safety 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, PKAB 164, San Marcos,Texas 76566. Fax#512-245-1133.
f. Texas School Safety Center will provide violation information to the Comptroller of
Public Accounts as required by law, (Health & Safety Code, Section 161.090 Reports
of Violation) by the 1 oth working day of the month for activity of the previous month.
September 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.
c, 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.
September 2012 Page 6 of 8
EXHIBIT 8
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 number of activities for this contract period as follows:
a. Number of Controlled Buys/Stings and Fallow-ups using minors as decoys: 820
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 andlor complaints received.
However, contractor is required to conduct Follow-up of retail outlets not in
compliance and report the activity monthly.
2. Contractor shall follow the Contractor's Program Work Plan monthly goal pre-established
upon inception of the contract. The Contractor's Promram Work Plan outlines monthly goals
to follow from September 2012 to August 2011
a. Deviation from the pre-established Contractor's,Program Work Plan requires prior
approval from TxSSC staff.
September 2012 Page 7 of 8
EXHIBIT C
PAYMENT 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.
2. Record the number of Controlled Buy/Stings conducted and attach complete Q arette and
Tobacco Controlled Buv/Stine 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 Pra ram Work Plan.
3. Be paid $75.00 for each correct and completed Controlled Buy/Sting reported on the
Cigarette and Tobacco Controlled By/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.
4. Submit invoices and attachments to:
Chad L.Nolte
Law Enforcement Contract Specialist
Tobacco Prevention&Community Services
Texas School Safety Center
Texas State University-San Marcos
350 N. Guadalupe,Suite 146,PMS 164
San Marcos,Texas 78666
Phone:512-245-9665
Fax:512-245-1133
Email:cn 1 082(a)_txstato.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 $61,500.00 without the prior written approval of the University.
September 2012 Page 8 of 8
City of Fort Worth,, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/25/2012 —Ordinance No.20423-09-2012
DATE: Tuesday, September 25,2012 REFERENCE NO.: **C-25874
LOG NAME: 35FY13TOBACCO FUNDS
SUB.iECT:
Ratify Application for and Authorize Acceptance in the Amount of$61,500.00 in Grant Funds from the Texas
School Safety Center at Texas State University—San Marcos,Authorize Execution of Related Agreement 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. Ratify the application for and authorize the acceptance of grant funds from the Texas School Safety Center
at Texas State University—San Marcos in the amount of$61,500.00;
2. Authorize the execution of the grant Agreement for funds in the amount of$61,500.00; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants
Fund in the amount of$61,500.00 upon receipt of the grant.
DISCUSSION:
The Texas School Safety Center at Texas State University—San Marcos was granted funds 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$61,500.00 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 funds will be available in the Fiscal Year 2013
budget, upon adoption of the Fiscal Year 2012-2013 budget by the City Council to include the above the
recommended item,as appropriated,of the Grants Fund.
FUND CENTERS:
3:O Fund/Account/Centers FROM Fund/Account/Centers
GR76 451989 035498594000 $61.500.00
3) GR76 5(VARIOUS) 035498594010 $61.500.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Charles Daniels (6199)
Originating Department Head: Jeffrey W. Halstead (42 10)
Additional Information Contact: Aya Ealy (4239)
ATTACHMENTS
1, 35FY 13TOIJACCO FUNDS R vis d AO 1 2.doc