HomeMy WebLinkAboutContract 58455 CSC No.58455
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
interlocal Cooperation Act, Chapter 791, Texas Government Code.
I. Contracting Parties
The Receiving Party: Texas State University ("Texas State") an institution of higher
education and agency of the State of Texas.
Texas School Safety Center
601 University Dr.
San Marcos, Texas 78666
The Performing Party: City of Fort Worth a local government of the State of Texas
Fort Worth Police Department
200 Texas Street
Fort Worth, TX 76102
II. Statement of Services to be Performed
Performing Party will perform the following service(s):
Conduct 1200 controlled buy/stings and follow-ups of tobacco permitted retail outlets and
sales and use tax permitted e-cigarette retail outlets using minors as decoys, to determine
compliance with applicable laws in accordance with Texas Health and Safety Code§161.082
— Sale of cigarettes, e-cigarettes, or tobacco products to persons younger than 21 years of
age prohibited.Proof of age required. Work shall be performed following the details outlined
in attached Exhibit A—Scope of Work, and Exhibit B— Performance Measures.
III. Basis for Calculating Reimbursable Costs
Performing Party shall be paid $125.00 for each correct and completed controlled buy/sting
and follow-up reported on the Cigarette, E-cigarette, and Tobacco Controlled Buy/Sting
Report form (TEP-102 (Rev 9/2020)) (for a maximum of 1200 Controlled Buy/Stings and
Follow-ups x$125.00 each for a total of$150,000.00). Payment will be based on the
receipt and approval of an invoice for services following the details outlined in attached
Exhibit C— Payment for Services.
IV. Contract Amount
The total amount of this Contract shall not exceed ONE HUNDRED FIFTY THOUSAND
DOLLARS AND NO/100 CENTS ($150,000.00). This is the maximum amount collectable
under the Contract as written.
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Page 1 of 8
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 2251, 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 and/or
the Texas Health and Human Services Commission to fund local law enforcement agencies
to enforce Texas Health and Safety Code§161.082— Sale of cigarettes, e-cigarettes, or
tobacco products to persons younger than 21 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 Chapter 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.
VI 1. Term of the Contract
This Agreement is effective upon execution of this contract and shall terminate on August
31, 2023.
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.
IX. Other Provisions
Entire Contract; Modifications. This Contract supersedes all prior agreements, written or oral,
between Receiving Party and Performing Party and shall constitute the entire agreement and
understanding between the parties with respect to the subject matter of this Contract. This
Contract and each of its provisions shall be binding upon the parties and may not be waived,
modified, amended or altered except by a writing signed by Receiving Party and Performing
Party.
Page 2 of 8
Assignment. This Contract is not transferable or assignable except upon written approval by
Receiving Agency and Performing Agency.
Severability. If any one or more of the provisions contained in this Contract shall for any reason
be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision thereof, and this Contract shall be construed
as if such invalid, illegal, or unenforceable provision had never been contained in this Contract.
Public Records. It shall be the independent responsibility of Receiving Party and Performing
Party to comply with the provisions of Chapter 552, Texas Government Code (the "Public
Information Act"), as those provisions apply to the parties' respective information. Receiving
Party is not authorized to receive public information requests or take any action under the Public
Information Act on behalf of Performing Party. Likewise, Performing Party is not authorized to
receive public information requests or take any other action under the Public Information Act on
behalf of Receiving Party.
Certification. The Receiving Party and the Performing Party certify that, (1) the services
specified above are necessary and essential for activities that are properly within the statutory
functions and programs of the affected agencies, (2) the proposed arrangements serve the
interest of efficient and economical administration of the State of Texas, and (3) the services,
supplies or materials contracted for are not required by Section 21, Article 16 of the Texas
Constitution to be supplied under contract given to the lowest responsible bidder.
Duly authorized representatives of the Performing Party and the Receiving Party have executed
and delivered this Contract to be effective as of the Effective Date.
PERFORMING PARTY RECEIVING PARTY
City of Fort Worth, Texas State University
By By Eric Algoe(Se 19,202208:43 CDT)
Name , Z. -�%�3 �� Naame Eric AIgOe
Title /e 6 s rr,, �� Title VPFSS
DateAkl2e5v,?— Date Sep 19, 2022
By
Name
Title
Date
Page 3 of 8
EXHIBIT A
SCOPE OF WORK
The Performing Party shall diligently render the following performance:
Contract funds shall be used to support the enforcement activities and additional program
requirements outlined below. The Performing Party shall meet the assigned Performance
Measures assigned in Exhibit B.
1. Enforcement Activities
The Performing Party shall:
a. Conduct Controlled Buy/Stings and Follow-ups of tobacco permitted retail outlets and
sales and use tax permitted e-cigarette retail outlets using youth as decoys, to
determine compliance with applicable laws in accordance with Texas Health and Safety
Code§161.082— Sale of cigarettes, e-cigarettes, or tobacco products to persons
younger than 21 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.
b. Conduct controlled buy/stings and follow-ups in target areas to include high retail
density, low socio economic, high risk areas, and local perspective of previous sales to
youth and/or complaints received.
c. Record the results of the controlled buy/stings conducted using the Cigarette, E-
cigarette, and Tobacco Controlled Buy/Sting Report form (TEP-102 (Rev 9/2020))
provided by the Texas School Safety Center at Texas State University.
d. Use non-smoking male and female youth ages 16—20 (born on or after September 1,
2001) in accordance with Texas Health and Safety Code, Chapter 161.088—
Enforcement,Announced Inspections.
e. Use the State Comptroller of Public Accounts most recent Tobacco Permitted Retail
Outlet List and Sale and Use Tax Outlet List of e-cigarette retail outlets for the
controlled buy/stings to obtain retail outlet name, address, and tobacco permit numbers.
f. Conduct follow-up controlled buy/stings of retail outlets found to be in violation of the
sale of cigarettes, e-cigarettes, or tobacco products to youth. Reasons for follow-up may
include: 1) repeated violations, 2) knowledge of historical perspective of previous sales
to youth, and /or 3) complaints received where a follow-up is needed. Follow-up
controlled buy/stings shall be conducted within two to ten (2-10) days of original
controlled buy/sting.
Page 4 of 8
2. Training Activities
The Performing Party shall:
a. Participate in a web-based training session conducted by Texas School Safety Center
at Texas State University prior to implementation of contract activities.
Representative(s) shall include the person(s) assigned to the implementation of the
contract activities, and/or the supervisor overseeing the day-to-day activities of this
contract, and the person(s) conducting the enforcement activities 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.
3. Reporting Requirements
The Performing Party shall:
a. Submit a completed Monthly Summary and Invoice form (TEP-101 (Rev 9/2022))
provided by the Texas School Safety Center at Texas State University that tallies the
number of controlled buy/stings and follow-ups conducted and number of citations
issued within the performance reporting period.
b. Submit billing information for services provided in the invoice section of the Monthly
Summary and Invoice form (TEP-101 (Rev 9/2022)). Payment amount for services is
outlined in Exhibit C — Payment for Services. The Monthly Summary and Invoice form
(TEP-101 (Rev 9/2022)) shall be signed by the designated authorized official
c. Attach completed Cigarette, E-cigarette, and Tobacco Controlled Buy/Sting Report
forms (TEP-102 (Rev 9/2020))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 Work Plan (TEP-100 (Rev 9/2020)).
d. The Monthly Summary and Invoice form (TEP-101 (Rev 9/2022)) shall be submitted to
the Texas School Safety Center on the first day of the month. The report may be mailed
to the Texas School Safety Center, Attn. Bea Pyle, 601 University Dr., San Marcos,
Texas 78666 or emailed to beapyle(a_txstate.edu.
e. Texas School Safety Center forwards violation information to the Comptroller of Public
Accounts as required by law, (Texas Health & Safety Code, Section 161.090 Reports of
Violation) by the 10th working day of the month for activity of the previous month.
4. Additional Program Requirements
The Performing Party 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 to via email: beapvlea-txstate.edu or phone:
512-245-0821.
Page 5 of 8
b. Coordinate enforcement activities with other law enforcement agencies within the
Performing Party's area. Coordination of services shall include but not limited to
resources such as officers and youth decoys to maintain integrity of the undercover
operation in testing compliance with tobacco sales to youth.
c. Performing Party 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.
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.
The Performing Party shall:
1. Conduct the number of activities for this contract period as follows:
a. Total number of controlled buy/stings and follow-ups using youth as decoys: 1200
i. In at least 50% of all controlled buy/stings conducted, the youth must attempt
to purchase an e-cigarette, component, part, or accessory.
ii. Minimum number of e-cigarette attempts: 600
b. A performance measure will not be assigned for follow-up of controlled buy/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.
2. The Performing Party shall follow the Work Plan's (TEP-100 (Rev 9/2020)) monthly goals
as pre-established upon the execution of the contract. The Work Plan (TEP-100 (Rev
9/2020)) outlines monthly goals to follow from September 2022 to August 2023.
a. Deviation from the pre-established Contractor's Program Work Plan requires rq for
approval from the Texas School Safety Center at Texas State University via email:
beapyle(a_txstate.edu or phone: 512-245-0821.
b. Failure to complete and/or update the Work Plan (TEP-100 (Rev 9/2020)) may result in
payment being withheld until completion or submission.
Page 7 of 8
EXHIBIT C
PAYMENT FOR SERVICES
Payment will be based on the receipt and approval of Monthly Summary and Invoice form (TEP-
101 (Rev 9/2022)) and attached Cigarette, E-cigarette, and Tobacco Controlled Buy/Sting Report
forms (TEP-102 (Rev 9/2020)).
The Performing Party shall:
1. Be paid monthly upon submission of completed Monthly Summary and Invoice form (TEP-
101 (Rev 9/2022)) and attached Cigarette, E-cigarette, and Tobacco Controlled Buy/Sting
Report forms (TEP-102 (Rev 9/2020)) as confirmation of services rendered.
2. Be paid $125.00 for each correct and completed controlled buy/sting reported on the
Cigarette, E-cigarette, and Tobacco Controlled Buy/Sting Report form (TEP-102 (Rev
9/2020)). 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, E-cigarette, and Tobacco Controlled Buy/Sting Report form (TEP-102 (Rev
9/2020)) must be attached for each.
3. Submit invoices and attachments to the Texas School Safety Center, Attn. Bea Pyle, 601
University Dr., San Marcos, Texas 78666 or emailed to beapylea-txstate.edu.
The Monthly Summary and Invoice form (TEP-101 (Rev 9/2022))will be reviewed by the receiving
agency 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 $150,000.00 without prior written approval from the Texas School
Safety Center at Texas State University.
Page 8 of 8
ACCEPTED AND AGREED:
CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
By: ensuring all performance and reporting
Name: Fernando Costa requirements.
Title: Assistant City Manager
Date: Nov 14, 2022
By: Sasha Kane(Nov 10,202214:03 CST)
APPROVAL RECOMMENDED: Name: Sasha Kane
Title: Senior Contract Compliance Specialist
a APPROVED AS TO FORM AND
By: Robert lldre ge(Nov 14,202212:24 CST) LEGALITY:
Name: Robert A. Alldredge Jr.
Title: Executive Assistant Chief
4govovp���a �
apFFORT B
ATTEST: d ° 9' By:
%poo o=a Name: Taylor Paris
°P °°° °°*� Title: Assistant City Attorney
r 7Q`I`I6tt6 cl GDOG�a�G darn nle4p5ao
By: Jannette S.Goodall(Nov 14,2022 14:10 CST) CONTRACT AUTHORIZATION:
Name: Jannette Goodall M&C:
Title: City Secretary Date Approved:
Form 1295 Certification No.:
By:
OFFICIAL RECORD
Name: CITY SECRETARY
Title: FT.WORTH,TX