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.
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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:
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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