HomeMy WebLinkAboutContract 42231ccei
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• CITYSECRETARY
CONTRACT NO±Vt$ l
TEXAS COMPTROLLER OF PUBLIC ACCOUNTS 2012 TOBACCO GRANT
ACCEPTANCE AGREEMENT AND COMPLIANCE STANDARDS
FOR LOCAL LAW ENFORCEMENT AGENCIES
(This signed document must be returned by July 15, 2011 to qualify for grant funds.)
By this Agreement, Fort Worth Police Department (hereinafter "Grantee") hereby agrees and certifies that Grantee shall
comply with all requirements in the 2012 Scope of Work provided to Grantee contemporaneously with this Agreement and
all applicable provisions of the Uniform Grant and Contract Management Standards (UGCMS) promulgated by the Office of
the Governor pursuant to the Uniform Grant and Contract Management Act, Chapter 783, Government Code. A copy of the
UGCMS may be obtained from the Office of the Governor at www.governor.state.tx.us/files/state-grants/UGMS062004.doc.
Grantee acknowledges that appropriate approvals are being sought from its governing body (city council or county
commissioners' court) to accept and utilize all grant funds as specified in this Agreement. If approval is denied, Grantee will
return grant funds to the Texas Comptroller of Public Accounts (Comptroller).
Grantee shall use or expend grant funds exclusively for the following tobacco compliance and enforcement activities, unless
directed otherwise by the Comptroller:
• Grantee shall provide compliance education to each local court involved in adjudicating grant agency's tobacco -
related citations.
• Grantee may provide ongoing and consistent compliance education to tobacco retailers.
• Grantee shall provide an ongoing and consistent enforcement initiative that utilizes on -site compliance inspections
of cigarette or tobacco retail outlets by law enforcement and other officers and fully acknowledges that the
foregoing may result in the issuance of citations.
• Grantee shall provide an ongoing and consistent enforcement initiative that utilizes on -site controlled buys at
cigarette or tobacco permitted retail outlets by officers, using minors as decoys (i.e., "stings") that may result in the
issuance of citations.
• Grantee shall allocate grant fund expenditures for enforcement and compliance activities as recommended by the
Comptroller.
• Grantee shall provide monthly enforcement activity reports and quarterly compliance education and financial status
reports to the Comptroller.
Approval of grant funding, based on the application submitted by the prospective Grantee or agency, does not constitute
approval of any or all plans or requests as listed in the submitted application. Appropriate use of grant funds and proper
protocols for education and enforcement activities will be covered in the training manual.
Comptroller reserves the right, under this Agreement, to unilaterally amend the terms of the Agreement at any time and to
impose additional requirements on Grantee at the sole discretion of the Comptroller.
Grantee understands and acknowledges that failure to comply with the terms of this Agreement, including grant usage
restrictions, or with any applicable state or federal law or regulation shall result in the forfeiture of grant funds. Upon
forfeiture, Grantee shall also be responsible for the return of the full amount of the original grant to the Comptroller.
This grant award is in the amount of $26,000 and covers the period from Sept. 1, 2011, through Aug. 31, 2012. Grantee shall
return all unexpended grant funds within 30 days of the close of this grant period.
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NOTE: Updated Grant Requirements as of July 1, 2011, changes are in italics
Texas Comptroller of Public Accounts
2012 Tobacco Compliance Grant, Scope of Work
Local Law Enforcement Grantee Requirements
Contract funds shall be used to support the enforcement, compliance education and reporting of activities
related to the grants as outlined in Sections A, B and C.
A. Grant Funds and Activities — Controlled Buys (60 percent of funds); Compliance Inspections
(25 percent of funds); Judicial, Retailer and Department Education (10 percent of funds);
Reporting of Activities (5 percent of funds)
• Grantee shall conduct tobacco education for each local court in the city and/or county to which
Grantee submits citations for tobacco law violations and which may assist to obtaining
information concerning the final disposition of citations written in accordance with Health and
Safety Code, Chapter 161 — Subchapters H, K and N.
• Grantee may conduct tobacco education for retailers for the purpose of reducing youth access
to tobacco products and to ensure compliance with the Health and Safety Code, Chapter 161—
Subchapters H, K and N.
• Grantee shall conduct on -site compliance inspections of tobacco retailers, not using minors as
decoys, which may result in the issuance of citations for violations in accordance with the
Health and Safety Code, Chapter 161 — Subchapters H and K.
• Grantee shall conduct on -site controlled buys/stings of tobacco retailers, using minors as decoys,
to determine compliance with applicable laws in accordance with Health and Safety Code
Chapter 161 — Subchapter H
• Grantee shall conduct follow-up inspections/controlled buys of tobacco retailers found to be in
violation of state laws concerning tobacco in Grantee's Jurisdiction.
• Grantee shall conduct follow-up activities on complaints sent to Grantee concerning tobacco law
violations within Grantee's jurisdiction.
• Grantee shall submit reports to the Texas Comptroller of Public Accounts (Comptroller) as
noted in "C" below.
B. Additional Program Requirements
• Grantee shall make a good faith effort to follow the protocols recommended for enforcing
tobacco laws.
• Grantee shall comply with all requirements imposed by the Comptroller concerning special
requirements of law, program requirements and other administrative requirements.
C. Reporting Requirements
• Monthly Reporting — Grantee shall submit the following reports monthly, using the appropriate
reporting forms provided by the Comptroller.
-over-
All monthly "Minor in Possession of Tobacco — Monthly Summary" reports shall be
submitted to the Comptroller by the 10th of the month immediately following the month in
which the activities occurred.
All "Inspection/STING — Texas Cigarette/Tobacco Inspection" reports shall be submitted to
the Comptroller by the l0th of the month immediately following the month in which the
activities occurred.
• Quarterly Reporting - Grantee,shall submit the following reports quarterly, using the
appropriate reporting forms provided by the Comptroller.
The Compliance Education Quarterly Summary report shall be submitted to the Comptroller
by the 15th of the month immediately following the quarter in which the activities occurred.
The Financial Status Report shall be submitted to the Comptroller by the 15th of the month
immediately following the quarter in which the activities occurred.
• Recordkeeping - Grantee shall maintain specific and accurate financial records including
receipts for all expenditures, copies of all enforcement reports including all citations issued, as
well as any other detailed documentation of all enforcement, education and grant
communication activities such as certified mail receipts or fax confirmation sheets, which are
reported for and funded by this grant. If requested by the Comptroller, Grantee shall provide
copies of said records.
• Submit reports by mail or fax to:
Texas Comptroller of Public Accounts
Attention: SB55, Account Maintenance
P.O. Box 13528
Austin, Texas 78711-3528
FAX: (512) 463-3268
M&C - Council Agenda
Page l of 1
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/23/2011 - Ordinance No. 19856-08-2011
DATE: Tuesday, August 23, 2011
LOG NAME: 35TOBACCOFY2012
SUBJECT:
REFERENCE NO.: *"C-25117
Ratify Application for and Authorize Acceptance of $26,000.00 in Grant Funds from the Statewide Tobacco
Education and Prevention Grant, Authorize Execution of Related Contract with the State of Texas and
Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Ratify an application for the Statewide Tobacco Education and Prevention Grant from the Texas
Comptroller of Public Accounts in the amount of $26,000.00;
2. Authorize acceptance of the grant funds and execution of a contract with the State of Texas for that
purpose; and
3. Adopt the appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund
in the amount of $26,000.00 upon receipt of the grant.
DISCUSSION:
Every year the Texas Comptroller of Public Accounts awards the Fort Worth Police Department funding to
participate in the Statewide Tobacco Education and Prevention Program Grant funds in the amount of
$26,000.00 have been awarded for Fiscal Year 2012 to fund officers' overtime, associated fringe benefits,
and 'buy money" for sting operations. The funds are allocated for retailer education, retailer inspections,
and covert "minor buys" to discourage retailers from selling tobacco products to minors.
FISCAL INFORMATION / CERTIFICATION:
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,
FUND CENTERS:
TO Fund/Account/Centers
GR76 451915 035443546000
GR76 5(VARIOUS) 035443546010
CERTIFICATIONS:
Submitted for City Manaaer's Office bv:
Oriainatina Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
$26,000.00
$26.000.00
ATTACHMENTS
1, 35TOBACCOFY2012 AO11.doc (Public)
Charles Daniels (6199)
Jeffrey W. Halstead (4210)
Daniel Henderson (4211)
http://apps.cfwnet.org/ecouncil/printmc.asp?id=15624&print=true&DocType=Print 8/25/2011