HomeMy WebLinkAboutContract 46959 �irY SECRETARV
CLATRACT NO.,.#���
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
877-304-2727
The Performing Party: City of Fort Worth a local government of the State of Texas
Rudolph Jackson, Interim Asst. City Manager
1000 Throckmorton Street
Fort Worth, TX 76102
ll. Statement of Services to be Performed
Performing Party will perform the following service(s):
Conduct 600 Controlled Buy/Stings and Follow-ups of tobacco permitted retail outlets using
minors as decoys, to determine compliance with applicable laws in accordance with Health
and Safety Code 4161.082 — 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 Scope of Work — Exhibit A, Performance Measures,
and Exhibit B.
III. 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 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. All
costs incurred for the purpose of conducting a complete Control Buy/Sting and Follow-up are
the responsibility of the Performing Party. In order to receive full payment for the Controlled
buy/Stings and Follow-ups billed for each performance reporting period, a completed Cigarette
and Tobacco Controlled Buy/Sting Report must be atta,Ghed. for--each al,on, with additional
information outlined in Exhibit C, Payment For Service '0 F F I C([AL EC 0R,D
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Interlocal Agreement—Texas State University and City of Fort Worth, FY 2016 Page 1 of'8 '�
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.
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 for of a contract from the Department of State Health Services to fund local law
enforcement agencies to enforce Health and Safety Code M1.082 — Sale of cigarettes,,e-
cioareftes, or tobacco Products fio arsons oun er than 15
years of agg_prohibited: Proof of
aae reauired.
V1. 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 EnLorcement, (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...088Texas Health aad_Safety Code and_Chatter 791, Texas
Govemment Code; (2) it has all necessary power and has received all necessary approvals to
execute and deliver this Contract; and (3) the representative siigning 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, 2015 and shall terminate on August 31, 2016.
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
Lhat, the material failure is through no fault of the terminating party. The termination will not be
effective if the material faiilure is fully cured prior to the end of the 30-day period.
Inteflocal Ageement--'Uexas State I 4iiiversity and City of Fort Worth,FY 2016 Page 2 of 8
Executed effective as of the Effective Date by the following duly authorized representatives
of the Contracting Parties:
Performing Party Receiving Party
ACCEPTED AND AGREED:
CITY OF FORT WORTH: TEXAS STAT NIV RSITY:
By: _ By:
Rudolph
J on Name: U ott Erwin
tm aut City Manager Title Director Sponsored ored Programs
Date
Date: ""
APPROVAL RECOMMENDED:
By: -^_
Rhonda K. Robertson
Chief of Police
Date: S:_ ;i- q — t S
APPROVED AS TO FORM
AND LEGALITY:
By.
Victoria Honey
Assistant City Attorney
Contract Authorization:
M&C: C-27415
Date Approved: August 11. 2015
ATTEST:
By:
Mar J. Kay r
..,,,
Cit `Secretory
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Interlocal Agreement—Texas State University and City of Fort Worth,FY 2016 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 programs
requirements outlined in 1-4 of Exhibit A, Scope of Work. 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
using minors as decoys, to determine compliance with applicable laws in accordance
with 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. 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.
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. Conduct Follow-up Controlled Buys/Stings of retail outlets found to be in violation of
selling tobacco 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 Buys/Stings shall be
conducted within two to ten (2-10) days of original Controlled Buy/Sting.
f. Conduct Follow-up Inspections on complaints regarding retailer and/or other violations
received on the state's 1-800 tobacco hotline.
Interlocal Agreement—Texas State University and City of Fort Worth, FY 2016 Page 4 of 8
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 FY2016 shall participate in a required 6-hour Tobacco
Enforcement Program Training prior to implementation of the contract activities.
2. Agencies that participated in the FY2015 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 Summa 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 Buys/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 1St of the month for activities of the previous month, with the
exception of the August Performance Reporting Period (July 26, 2016 to August 26,
2016) which is due August 31, 2016. The report may be mailed, emailed or faxed to
Interlocal Agreement—Texas State University and City of Fort Worth, FY 2016 Page 5 of 8
the Texas School Safety Center, 415 N. Guadalupe, PMB 164, San Marcos, Texas
78666. Email address TEPtobacco @txstate.edu. Fax # 512-245-1133.
f. Texas School Safety Center will provide violation information to the Comptroller of
Public 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.
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. The 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.
Interlocal Agreement—Texas State University and City of Fort Worth,FY 2016 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. Number of Controlled Buy/Stings and Follow-ups using minors as decoys: 600
b. Minimum number of purchase attempts of an e-cigarette, component, part, or
accessory by the minor decoy during the Controlled Buy/Stings and Follow-ups: 90
C. 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, the Performing Party 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 2015 to August 2016.
a. Deviation from the pre-established Contractor's Program Work Plan requires prior
approval from TxSSC staff.
Interlocal Agreement—Texas State University and City of Fort Worth. FY 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 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
Cigarette, E-cigarette, and Tobacco Controlled Bu /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.
4. Submit invoices and attachments to:
Tobacco Enforcement Program
Tobacco Prevention&Community Services Division
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 the Receiving
Party to the Performing Party shall not exceed $45,000.00 without the prior written approval of the
Receiving Party.
Interlocal Agreement—Texas State University and City of Fort Worth, FY 2016 Page 8 of 8
8/13/2015 M&,C Review
Official of
I 'Y
500
ORT W6 11611
COUNCIL ACTION: Approved on 8/11/2015 - Ordinance No. 21824-08-2015
DATE: 8/11/2015 REFERENCE NO.:**C-27415 LOG NAME: 35FY16TOBACCO FUNDS
CODE: C TYPE: CONSENTPUBLIC HEARING: NO
SUBJECT: Ratify Application for and Authorize Acceptance of Grant, if Awarded, from exas
School Safety Center at Texas State University-San,, Marcos in n Amount Not to Exceed
$69,000.00, Authorize Execution of Interlocal Agreement with Texas State University-San
Marcos to Participate in the Tobacco Enforcement Program and Adopt Appropriation
Ordinance (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council„
1. Ratify the application for and authorize acceptance of grant, if awarded, from the Texas School
Safety Center at Texas State University-San Marcos in an amount not to exceed $69,000.00;
2. Authorize the execution of n Interlocal Agreement with Texas State University-San Marcos to
participate in the Tobacco Enforcement Program; an
. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund in the amount of$69,000.00, upon receipt of the grant.
DISCUSSION:
The Texas School Safety Center at Texas State University-San Marcos coordinates the Tobacco
Enforcement Program (Program). The Program awards grants 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 grant application is approved, Texas State University-San Marcos will grant the City
Fort Worth (City) an amount up to $69,000.00 to perform the sting operations.
Participation in the Program provides a significant benefit tot 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, Crime Control and Prevention District, asset forfeiture and general
funds. Due to the amount received for each completed sting operation, indirect costs will not be
covered under the grant.
Chapter 791 of Texas Government Code provides authority for local government units to enter into
Interlocal Agreements for the performance of governmental) functions.
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, funs will
be available in the current operating budget, as appropriated, of the Grants Fund.
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Submifted for Cily Manager's Office Rudolph Jackson (61 99)
Originating Degartment H
jjead, Rhonda K. Robertson (4210)
Additional Information Contact: Sasha Kane (4243)
ATTACHMENTS
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