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CON RACT NO Y3
TEXAS COMPTROLLER'S 2010 TOBACCO COMPLIANCE GRANT
ACCEPTANCE AGREEMENT AND COMPLIANCE STANDARDS
FOR LOCAL LAW ENFORCEMENT AGENCIES
(This signed document must be returned before grant funds will be awarded)
By this Agreement, Fort Worth Police Department(hereinafter"Grantee")hereby agrees and certifies that Grantee shall
comply with all requirements in the 2010 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:
http://ww w.govemor.state.tx.u s/files/state-grants/UGMS062004.doc.
Grantee acknowledges that appropriate approvals have been obtained from its governing body (city council or county
commissioners'court)to accept and utilize all grant funds as specified in this Agreement.
Grantee shall use or expend grant funds exclusively for the following tobacco compliance and enforcement activities,
unless directed otherwise by the Texas Comptroller of Public Accounts:
• Grantee shall provide compliance education to each local court involved in adjudicating grant agency's tobacco-
related citations.
• Grantee shall provide on-going and consistent compliance education to tobacco retailers and local court personnel
concerning the tobacco laws.
• Grantee shall provide an on-going 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 on-going 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's office.
• Grantee shall provide monthly enforcement activity reports and quarterly compliance education and financial
status reports to the Comptroller's contractor for the Texas Statewide Tobacco Education and Prevention
(Texas STEP)initiative.
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 grant training.
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$31,000.00 and covers the period from Sept. 1,2009,throw Au .31,2010. Grantee 4
shall return all unexpended grant funds within 45 days of the close of this grant period. 04* 1CIAL RECORD '
T.M. Higgins, Assistant City Manager City of Fgrt .IV"( rH` T
Name and Title of Official authorized to accept grant funds Department or Agency Name '
on be if of County or unicipality(Please print) !`—'-------� 1
/o/L oq 7 5-6 0 0 0 5 2 8 APPROVED AS TO FORM AND LEGAU
Signature of Authorize&Wficial Date FEI Number(required)
ITY ATTOR Y
Texas Comptroller's 2010 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 follows: 60 percent of the effort of all grant activities shall be focused on Retailer Controlled Buys
("stings"); 20 percent shall be focused on Retailer Compliance Inspections; 15 percent shall be focused on Retailer
and Judicial Education; and 5 percent is available to cover the costs of reporting. Grantee shall follow program
requirements outlined in Sections A,B and C.
A. Grant Activities — Controlled Buys (60 percent), Compliance Inspections (20 percent), Retailer and
Judicial Education(15 percent),Reporting of Activities(5 percent)
• Grantee shall conduct tobacco education for retailers for the purpose of reducing youth access to
tobacco products and ensuring compliance with the Health and Safety Code, Chapter 161 —
Subchapters H,K and N.
• 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 in obtaining
information concerning the final disposition of citations written in accordance with 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 Comptroller's contractor, Texas Statewide Tobacco Education
and Prevention(Texas STEP)initiative(as noted in"C"below).
B. Additional Program Requirements
-- Grantee shall designate staff to attend the Technical Assistance Training provided by the
omptroller's contractor for Texas STEP, concerning the recommended protocols for performing
OFFIC IAA. RFGCt'Umpliance education and enforcement activities, appropriate use of grant funds, and reporting
requirements. This training relates to controlled buys, compliance inspections, compliance
education, financial reporting and other duties as prescribed by Senate Bill 55,
�: TY 75th Legislature. Grantee shall comply with all applicable state and federal laws, regulations and
�delines.
• Grantee shall ensure attendance at training events by local law enforcement officers responsible
for conducting the tobacco compliance education and enforcement activities and who can return to
the department and train other officers and staff on the grant requirements and procedures covered
C on
in the training.
Attested by.
Contract Authorization -over-
9 1 Aci I Oci
Date Marty HendriR City Secr
• Grantee shall ensure attendance at training events by the person(s) designated to file reports
concerning finances, compliance education activities, inspection activities and controlled buy
activities(if different from the officer attending), if possible.
• No more than three Grantee department representatives are permitted to simultaneously attend
grant training without prior permission from the Comptroller's office. Attendance at the grant
training workshop is an eligible grant expenditure in the compliance education budget category.
• Grantee shall conduct training for each judicial/court in the city and/or the county.
• Grantee shall make a good faith effort to follow the protocols recommended for enforcing tobacco
laws.
• Grantee shall comply with all requirements imposed by 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 Texas STEP.
— All monthly "Minor in Possession of Tobacco — Monthly Summary" reports shall be
submitted to Texas STEP by the loth of the month immediately following the month in which
the activities occurred. The reports should be mailed to Texas STEP, P.O. Box 1328, San
Marcos,Texas 78667-1328 or faxed to(512)245-8066.
— All "Inspection/STING — Texas Cigarette/Tobacco Inspection" reports shall be submitted to
Texas STEP by the loth of the month immediately following the month in which the activities
occurred. The reports should be mailed to Texas STEP, P.O. Box 1328,
San Marcos,Texas 78667-1328 or faxed to(512)245-8066.
• Quarterly Reporting - Grantee shall submit the following reports quarterly, using the appropriate
reporting forms provided by Texas STEP.
— The "Compliance Education Quarterly Summary" report, by the 15th of the month
immediately following the quarter in which the activities occurred. These should be
mailed to Texas STEP, P.O. Box 1328, San Marcos, Texas 78667-1328, or faxed to
(512)245-8066.
— The Financial Status Report, by the 15th of the month immediately following the quarter
in which the activities occurred. These should be mailed to Texas STEP, P.O. Box 1328,
San Marcos,Texas 78667-1328,or faxed to(512)245-8066.
• 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's office,Grantee shall provide copies of said records.
OFFICIA<;_ RE(71 t-�
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S U S A N TEXAS COMPTROLLER Of PUBLIC ACCOUNTS
C O M B S WWW.WINDOW,STATE.TX.US
July 10, 2009
Ms. Sasha Kane
Contract Specialist
Fort Worth Police Department
350 W. Belknap
Fort Worth,Texas 76102-4246
Dear Ms. Kane:
Congratulations! Your department has been awarded a Tobacco Compliance grant in the amount of$31,000.00
under the provisions of the Texas Health & Safety Code Ann. Sec. 161.088(b) for fiscal 2010,beginning
Sept. 1,2009.
Enclosed you will find the"Grant Acceptance Agreement and Compliance Standards"form, along with the
Scope of Work.Please review these documents thoroughly. To accept your grant award,please have an
authorized official of your law enforcement agency sign and return the Acceptance Agreement. Your grant
funds will be mailed upon receipt of the agreement.If you choose not to accept this grant,please write
"declined"on the agreement. Please mail the agreement to the following address by Aug. 10, 2009, and keep
a copy for your files:
Texas Comptroller of Public Accounts
Attention: Carol Lauder
P.O. Box 13528
Austin,Texas 78711-3528
Each grantee must begin implementation of the grant provisions,as outlined in the Acceptance Agreement
and the Scope of Work, within 30 days of attending a technical assistance workshop.Attendance at a grant
workshop is mandatory. Any exception to these requirements will require review and written approval by the
Comptroller or the Comptroller's designee.
The technical assistance workshops will be presented by the Comptroller's office and Texas Statewide Tobacco
Education and Prevention (Texas STEP)program.The workshop encompasses tobacco enforcement and
compliance education requirements. It will also cover activity and financial reporting,expenditure requirements,
as well as the latest information concerning the issue of tobacco and minors in Texas.Expenses related to
attending this workshop are covered by this grant using the "Education"budget category. Texas STEP will
mail the workshop information to grantees so you can make the appropriate arrangements to attend.
If you have any questions regarding this letter, please contact Texas STEP at(888)783-7123.
Sincerely,
Susan Combs
t _
Enclosures (""
cc: Carol Lauder
Texas STEP
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/29/2009 —Ord.No. 18845-09-2009
DATE: Tuesday,September 29, 2009 REFERENCE NO.: **C-23807
LOG NAME: 35TOBACCO 2010
SUBJECT:
Ratify the Application for and Authorize the Acceptance of$31,000.00 in Grant Funds from the Statewide
Tobacco Education and Prevention Grant, Authorize the City Manager to Execute a Contract with the State of
Texas and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1.Ratify the application for a Tobacco Education and Prevention Grant from the Texas Comptroller of Public
Accounts in the amount of$31,000.00;
2. Authorize the City Manager to accept the grant funds,if awarded, and execute a contract with the State of
Texas for that purpose;and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants
Fund by$31,000.00.
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 of$31,000.00 are
available for one year starting in September 2009 to fund officers'overtime,associated fringe benefits, and
"buy money"for sting operations and to conduct retailer education,inspections and covert "minor buys"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.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 451915 035443402000 $31.000.00
GR76 5(VARIOUS) 035443402010 $31,000.00
CERTIFICATIONS:
Submitted for City Manager's Office bv: Tom Higgins (6192)
Originating Department Head: Jeffrey W. Halstead (4210)
Additional Information Contact: Sasha Kane (4243)
ATTACHMENTS
1.35TOBACCO 2010 AO.doc
Page 1 of 2
Tidwell, Allison
From: Hendrix, Marty
Sent: Monday, October 26, 2009 4:42 PM
To: Wood, Monica
Cc: Tidwell, Allison; Kane, Sasha
Subject: RE: State Tobacco Grant Award Document
Importance: High
Monica: Yes—we will give you the one original grant award document. We do ask that in the future, multiple copies be
circulated for signatures and filing.
Allison: Please provide to them the original and keep just a copy for our files. Also, put this e-mail in the file so that we
know what happened to the original document.
Marty Hendrix, TRMC/MMC
City Secretary
City of Fort Worth
1000 Throckmorton
Fort Worth, TX 76102
Telephone: 817-392-6161
FAX: 817-392-6196
E-mail: marty.hendrix@fortworthgov.org
From: Wood, Monica
Sent: Monday, October 26, 2009 2:46 PM
To: Hendrix, Marty
Cc: Tidwell, Allison; Kane, Sasha
Subject: State Tobacco Grant Award Document
Hi Marty-
I am hoping that you can help me with a situation regarding a state grant award document. In the past, the Police
Department has circulated just one award document in connection with state awarded grants, a copy of which was then
filed with your office. Recently, an original executed award document regarding a state tobacco grant was delivered to
your office and, I believe, numbered and filed. That award document should have instead been delivered back to the
originating department(PD)after the ACM signed it and then a copy would be provided for your files. In the future, the
police department will circulate multiple copies of the award documents if need be to avoid this problem, but, with respect
to this particular award, the State will not move forward until it gets an original, executed document. Can you allow PD to
have the original back so that the State can start processing the grant, even if it means that we need to circulate another
document for signature or provide some sort of written explanation for the deviation from the norm for your files?
We will provide assistance in any way necessary towards getting this accomplished.
Thanks for your time,
Monica Wofford Wood
Assistant City Attorney
City of Fort Worth
1000 Throckmorton Street
Fort Worth,TX 76102
(817)392-7600
(817)392-8359(fax)
10/26/2009
Page 2 of 2
This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which
they are addressed. This communication may contain material protected by the attorney-client privilege.If you are not the intended
recipient or the person responsible for delivering the e-mail to the intended recipient,be advised that you have received this e-mail in
error and that any use,dissemination, forwarding.printing,or copying of this e-mail is strictly prohibited. If you have received this e-
mail in error,please immediately notify Monica Wood at the City of Fort Worth City Attorney's Office at(817)392-7600. This
email and responses may be subject to Texas Open Records Laws. Please respond accordingly.
10/26/2009