HomeMy WebLinkAboutContract 48231 TXST-- IA- 2011-6s5- 755G
CITY SECRETARY
C-OKITUCT NO, 3)-- -- -
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
Florence C. Raymond
415 N. Guadalupe, PMB 164
San Marcos, Texas 78666
677-304-2727
The Performing Party: City of Fort Worth a local government of the State of Texas
Valerie Washington, Assistant City Manager
1000 Throckmorton St
Fort Worth, TX 76105
Il. Statement of Services to be Performed r
Performing Party will perform the following service(s); -
Conduct 600 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 18 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.
Ill. 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 Texas Department of State Health Services (DSHS) Cigarette,
E-cigarette and Tobacco Controlled Buy/Sting Report form (for a maximum of 600
Controlled Buy/Stings and Follow-ups x$75.00 each for a total of$45,000.00). 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 FORTY-FIVE THOUSAND DOLLARS
AND NO/100 CENTS ($45,000.00). This is the maximum amount collectable under the
Contract as written.
July 2016 Puge 1 of 8
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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 2259, 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 Texas Health and Safety Code§169.082—
Sale of cigarettes, e-cigarettes, or tobacco products to persons younger 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 403.905—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 961.088, 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.
VII. Term of the Contract
This Agreement is effective September 1, 2016 and shall terminate on August 31, 2017.
Vill. 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.
July 2016 Page 2 of 8
Executed effective as of the Effective Date by the following duly authorized representatives
of the Contracting Parties: l
Performing Party Receiving Party
City of Fort Worth
. Texas State�niversity
Accepted and Agreed:
By By
Name Valerie R. Washington Name- Jacq q Affi)02N
Director-Ni rokvnn,413]
Title Assistant City Manager Title
Date Date
Approved as to F rm and Legality:
By
Name Maleshia Farmer
Title Assistant City Attorney
Date
Contract Authorization:
M&C: C-27859
Date Approved: 08/09/2016
Approval Re;� -
mmended:
By �C
Name Joel Fitzgerald
Title Chief of Police
d
Date o L
oD
Attest:
By �
Ji
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Name Mary Kayser
goo
Title CitV Secretar X�
Date
July 2016
OFFICIAL RMORM
CITY Si�-ML-'YARY/
FT. WORTH, TX
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EXHIBIT A f
SCOPE OF WORK
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The Performing Party shall diligently render the following performance:
Contract funds shall be used to support the enforcement activities and additional programs
requirements outlined below. The Performing Party shall meet the assigned Performance
Measures assigned in Exhibit B. j
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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 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 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.
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 pervious spies to
minors and/or complaints received.
c. Record the results of the controlled buy/stings conducted using the Texas Department
of State Health Services (DSHS) Cigarette E-cigarette and Tobacco Controlled
Buy/Sting Report form provided by the Texas School Safety Center at Texas State
University.
d. Use non-smoking male and female minors ages 14—16 in accordance with Texas
Health and Safety Code, Chapter 161.086—Enforcement;Announced Inspections.
e. Use the State Comptroller of Public Accounts most recent Tobacco Permitted Retail
Outlet Ll st 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 minors. 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 buy/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.
July 2016 Page 4 of 8
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2. Training Activities
The Performing Party shall:
a. Assign agency representatives to participate in the appropriate 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 activities outlined in Exhibit A—Scope of Work. Training
sessions Will be conducted as follows: `
1. New Funded Agencies for FY2017 shall participate in a required 6-hour Tobacco
Enforcement Program Training prior to implementation of the contract activities.
2. Agencies that participated in the FY2016 Tobacco Enforcement Program shall
participate in a required 3-hour Tobacco Enforcement Program Update Training
to achieve training compliance requirements.
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 monthly activity summary report for the controlled buy/stings and follow-ups
conducted, using the Monthly Summary and Invoice form provided by_the Texas School
Safety Center at Texas State University.
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.
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 buy/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—
Payment 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 Safety
Center on the first of the month for activities of the previous month, with the exception of
the August Performance Reporting Period (July 26, 2017 to August 26, 2017)which is
due August 31, 2017. The report may be mailed, emailed or faxed to the Texas School
Safety Center, 415 N. Guadalupe, PMB 164, San Marcos, Texas 78666. Email address
TEPtobacco@txstate.edu. Fax number 512-245-1133.
July 2016 Page 5 of 8
f. Texas School Safety Center will provide violation information to the Comptroller of
Public Accounts as required by law, (Texas Health &Safety Code, Section 969.090
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.
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. 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.
July 2016 Page 6 of 8
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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. Number of controlled buy/stings and follow-ups using minors as decoys: 600
b. Of the 600 controlled buy/stings and follow-ups, the minimum number of purchase
attempts of an e-cigarette, component, part, or accessory using minors as decoys: 90
c. 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 Contractor's Program Work Plan monthly goal pre-
established upon inception of the contract.The Contractor's Program Work Plan outlines
monthly goals to follow from September 2016 to August 2017.
a. Deviation from the pre-established Contractor's Program Work Plan requires prior
approval from TxSSC staff. Failure to complete and/or update the Contractor's
Program Work Plan may result in payment being withheld until completion or
submission.
July 2016 Page 7 of 8
EXHIBIT C
PAYMENT FOR SERVICES
Payment will be based on the receipt and approval of an invoice for services.
The Performing Party 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 Texas
Department of State Health Services (DSHS) Cigarette, E-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.
3, Be paid$75.00 for each correct and completed controlled buy/sting reported on the Texas
Department of State Health Services (DSHS) Cigarette. E-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 Texas Department of State Health Services (DSHS
Cigarette; E-cigarette, and Tobacco Controlled Buy/Sting Report must be attached for each.
4. Submit invoices and attachments to:
Tobacco Enforcement Program
Tobacco Prevention and Enforcement
Texas School Safety Center
Texas State University
415 N. Guadalupe, PMB 164
San Marcos, Texas 78666
Phone: 877.304.2727
Fax: 512-245-1133
Email: Chad L. Nolte or Alexia Cox-TEPtobacco@txstate.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 $46,000.00 without the prior written approval of the University.
July 2016 Page 8 of 8
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA Fo_�r,'��"
COUNCIL ACTION: Approved on 8/9/2016 -Ordinance No. 22349-08-2016
DATE: 8/9/2016 REFERENCE NO.: **C-27859 LOG NAME: 35FY17TOBACCO
FUNDS
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Ratify Application for and Authorize Acceptance of Funding, if Awarded, from the Texas
School Safety Center at Texas State University-San Marcos in an Amount Up to
$69,000.00, 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 acceptance of funding, if awarded, from the Texas School
Safety Center at Texas State University-San Marcos in an amount up to $69,000.00;
2. Authorize the execution of related Agreement with Texas State University-San Marcos for
operations to discourage the sale of tobacco products to minors; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Intergovernmental Contribution Fund in the amount of$69,000.00, upon receipt of the funding.
DISCUSSION:
The Texas School Safety Center at Texas State University-San Marcos coordinates the Tobacco
Enforcement Program (Program). The Program awards funds to local law enforcement agencies to
conduct controlled buys and sting operations at tobacco permitted retail outlets. The controlled buys
and sting operations are conducted in order to discourage retailers from selling tobacco products to
minors. If the application is approved, Texas State University-San Marcos will provide the City of Fort
Worth (City) an amount up to $69,000.00 to perform the sting operations.
Participation in the Program provides a significant benefit to the community. The Program provides
the Fort Worth Police Department with additional opportunities to enforce laws regarding youth
access to tobacco products. The City will receive an amount of$75.00 per sting operation. The
amount received will offset a portion of the overtime and associated fringe benefits for the officers
participating in the Program. The City will be responsible for costs associated with vehicle mileage,
fuel, buy money and a stipend for minors participating in the Program. The City's expenses will be
covered by various funding sources, including but not limited to general funds.
Chapter 791 of the Texas Government Code provides authority for local government units to enter
into Interlocal Agreements for the performance of governmental functions.
This contract will be with a government entity, state agency, or public institution: Texas State
University-San Marcos.
http://apps.cfwnet.org/council_packet/mc review.asp?ID=22422&councildate=8/9/2016 10/3/2016
M&C Review Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations, receipt of the
funding and adoption of the attached appropriation ordinance, funds will be available in the current
operating budget, as appropriated, of the Intergovernmental Contribution Fund.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
301061 0350420 4341016 XXXXX 993501 $69,000.0
301061 0350420 5 MISC XXXXXX 993501 $69,000.0
FROM
Fund Department I Account I Project Program Activity Budget Reference# Amount
ID ID Year (Chartfieid 2
Submitted for City Manager's Office by: Valerie R. Washington (6192)
Originating Department Head: Joel F. Fitzgerald (4140)
Additional Information Contact: Sasha Kane (4243)
ATTACHMENTS
35FY17TOBACCO FUNDS A016 21003.docx
http://apps.cfwnet.org/council_packet/mc review.asp?ID=22422&councildate=8/9/2016 10/3/2016