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HomeMy WebLinkAboutRES 07-299 RESOLUTION NO. 07-299 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a contract, substantially in the form attached hereto as Exhibit "A," with the Center for Safe Communities and Schools to participate in the Texas Tobacco Prevention Initiative Community Law Enforcement Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of October, 2007. .01 UMp V a all 1 III ,;� - Mayor Pro Tern Audwin Samuel - FORM#FS-04 TEXAS STATE CONTRACTED SERVICES UNIVERSITY AGREEMENT SAN MARCOs Page 1 of 2 Instructions: 1)Do not use this form for anyone who has been employed by Texas State within the past twelve months. Use a PCR form instead and contact Human Resources or Faculty Records.This is to comply with state law. 2)All contracts require an SAP vendor number. To obtain an SAP vendor number,complete a Vendor Maintenance Request Form 4FS-01. 3)Cumulative payments to a contractor expected to exceed$2,500.00 require a contract. 4)Cumulative payments to a contractor expected to exceed$5,000.00 must be processed through the SAP Requisition System,and the purchase order number must be entered below. 5)Texas State's University Attorney must review a vendor's contract used in place of this form. Contract#(Office Use Only) CONTRACT BETWEEN TEXAS STATE UNIVERSITY-SAN MARCOS (Hereinafter referred to as University) and City of Beaumont Police Department (CONTRACTOR NAME) I. The Contractor shall diligently render the following performance of the work described: Contractor shall conduct enforcement actions in the City of Beaumont and submit monthly reports in accordance with the attached statement of work. II. Contingent upon the Contractors fall and satisfactory performance of work described in Section I of this contract,the University shall: A. Pay to the Contractor at the rate of$ per ,not to exceed a total fee of$ x B. Pay the Contractor in accordance with the following payment schedule: PU$2,333.00 when work is completed. C. In addition to the fee described in Section II_ ,reimburse the contractor for travel from to . Maximum reimbursement for travel under provisions of this contract shall not exceed $ (Travel reimbursement is limited to Restricted Fund accounts). III. All work rendered by the Contractor under provisions of this contract shall commence September 1, 2007 and terminate December 31,2007 IV. Miscellaneous Provisions and Conditions: A. The University may terminate this contract at any time by giving written notice to the Contractor. B. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any verbal representations or modifications concerning this instrument shall be of no force or effect excepting a subsequent modification in writing, signed by the parties or their representatives and attached hereto. C. This agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the Parties hereunder are performable in Hays County,Texas unless specified herein. The parties will use the procedures in Texas Government Code 2260 to resolve any disputes regarding this contract. D. This agreement constitutes the only agreement of the parties and supersedes any prior understanding or written or verbal agreements between the parties respecting the subject matter. EXHIBIT "A" 6 'd *IF8E-088 (Got ) ineaH eLT :OT LO LZ deS V. Total payments for work rendered under provisions of this contract shall not exceed$2,333.00 APPROVAL SIGNATURES: PRINT NAMES: City of Beaumont Police Department Contractor Signature Contractor Printed Name Contractor Contact Phone Authorized Official Authorized Official Printed Name David H. Williams,CSCS Account Manager Account Manager Printed Name and Dept Approval of Vice President Finance and Printed Name and Title Support Services Grant Office Approval Signature Grant Office Printed Name TEXAS STATE ACCOUNT MANAGER/DESIGNEE COMPLETES BELOW: SAP VENDOR#:8718 PURCHASE ORDER#: Was the claimant employed at Texas State within the past twelve months? ®NO ❑YES If yes,enter termination date: _ David H.Williams,Center for Safe Communities&Schools Print Account Manager or Designee Name and Department 512-245-8082 Account Manager or Designee Telephone Number 8000000728 8000321000 Cost Center/Internal Order/WBS# Fund Texas State University-San Marcos is an Equal Opportunity Employer Submit original to: Texas State University Tax Specialist 601 University Drive, JCK 820 San Marcos,Texas 78666-4616 Phone: 512-245-8708 Fax: 512-245-8434 Rcv 061606 j" 'd fr-IrBE-088 (60b) uiwpd eotjod iuowneaE eLI :01 LO La des Statement of Work City Beaumont, Beaumont Police Department rtment This statement of work outlines the performance requirements for enforcing Texas Tobacco Laws in the City ty of Beaumont for the contract period of September 1,2007 to December 31,2007. Section A- Enforcement of Tobacco Laws Contractor shall: 1. Conduct 15 On-site compliance inspections of tobacco retailers,not using minors as decoys,that may result in the issuance of warnings and/or citations for violations in accordance with the Health and Safety Code, Chapter 161 -Subchapters H and K, and Tax Code violations, Chapter 154. 2. Conduct 30 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. Follow-up inspections of retail outlets found to be in violation of state and local laws. Follow-up inspections shall be conducted within two to ten(2-10)days of original inspection and in the same manner as the original inspection. 4. Enforce state tobacco possession laws for minors(MIP),tobacco possession on school property, at school events, and providing tobacco to a minor in accordance with Health and Safety Code 161-Subchapter N. Ei. Contractor shall base the selection of retailers for controlled buys and inspections on the most recent list from the State Comptroller of Public Accounts. and from local historical perspective of previous sales to minors. 6. Participate in any and all ongoing technical assistance offered by the Center for Safe Communities&Schools (CSCS), Texas State University-San Marcos. 7. 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. Section B-Reporting Requirements: Contractor shall: 1. Submit a monthly activity summary report for the enforcement activities conducted using the appropriate reporting forms provided by the Center for Safe Communities&Schools, Texas State University-San Marcos. 2. For enforcement activities, the monthly activity summary report shall include the number of compliance inspections, controlled buy/stings, follow-up inspections, and Minor in Possession (MIP)citations issued. 3. The monthly activity summary report shall be submitted to CSCS by the 10'"of the month for activities of the previous month. The report may be mailed or faxed to the Center for Safe Communities,&Schools,350 N. Guadalupe—Suite 140, PMB 164,San Marcos,Texas 78666. Fax#512.245.1465 4. The original Compliance Inspection and Controlled Buy/Sting forms shall be mailed to Texas STEP, 1700-A Ranch Road 12,Suite 218, San Marcos,Texas 78666, as required by law, (Health &Safety Code, Section 161.090 Reports of Violation) by the 10'h working day of the month for activity of the previous month. 5. Contractor shall maintain specific, detailed documentation of all education,enforcement and training activities reported and funded under this contract. S 'd t'�'BE-088 (60 1 utwpd aoijod -4uowneaa el,T :OT LO La das Y FORM#FS-03 TEXAS STATE CONTRACTED SERVICES UNIVERSITY "— PAYMENT VOUCHER SAN MARCOS Page 1 of 2 INSTRUCTIONS: This form is for contracted services(e.g.cousulting,professional and personal services,including travel expenses 1) Attach a Vendor Maintenance Request(FORM#FS-01)for a new vendor,or for address change or tax identification#change. 2) A contract is required for amounts over$2,500.00. This applies to the cumulative amount to be paid to this vendor. 3) An SAP Requisition is required for amounts over$5,000.00. Include the purchasc order number on this form. 4) Do not use this form for an individual employed by Texas State within past 12 months. Instead,use Persorutel Change Request(PCR)and contact Yuman Resources or IF-acuity Records, This is to cum 1 with state law. Contract#: SAP Vendor#: 8718 Purchase Order#: SECTION I-VENDOR INFORMATION Social Security Number: 74-6000278 VENDOR NAME: City of Beaumont Police Department COMPANY NAME(if different): REMIT TO ADDRESS: 255 College CITY: Beaumont COUNTRY: STATE: TX ZIP: 77701 PHONE#: EMAIL ADDRESS: SECTION H-DESCRIPTION OF SERVICES Enter the description of work performed: Contractor shall conduct enforcement actions in the Citv of Beaumont and submit mont 1 re orts in accordance with the attached statement of work SECTION III-WORK PERFORMANCE DATES:Enter dates of work performed, including start date and ending date. Start Date: 09/01/2007 End Date: 12/31/2007 FfNALPAYMENT: YES X NO S1.CTION IV—PAYMENT DETAILS: DESCRIPTION HOURS RATE TOTAL Pay when work is completed $2,333.04 Taxes Withheld(if applicable): TOTAL TO BE PAID: j S2,333.00 SECTION.V.-VENDOR AGREEMENT I understand that I cannot claim reimbtirsemcnt for these services while on regular duty for the state,county,or city(including Texas S1ate.University). This payment represents all claims for reimbursement including mileage,hotels,air fare,meals,and misccllaueuus travel expenses. I understand that these payments are all 1099 reportable. Vendor named herein agrees to indemnify &hold Texas State harmless for delays in payment due to disasters or other emergencies: VENDOR SIGNATURE: DATE- 9 -d t1i78E-0981601, uiwpd aoilod -4uowneaa eLT :01 LO LZ deS TEXAS STATE ACCOUNT MANAGER OR DESIGNEE COMPLETES ALL SECTIONS BELOW: SECTION VI- REQUESTOR CONTACT INFORMATION Re uestor Name: Department: Telephone Number: Email: Linda Young CSCS 512-245-8082 Ly016Dftstate.edu If check is to be picked up at cashier's office,enter name of person to pick up check(with authority of the Assistant Director of Accounting-AT): SECTION VII-ACCOUNT ASSIGNMENT:. Enter acCount assignment below. Far purchase orders if expenses exceed the amount encumbered on the purchase order and you want the**xcess charges distributed to a different account assignment indicate distribution below: 6 digits) (10 di its) (10 digits) 10 digits) (10 digits) ($)AMOUNT GL ACCOUNT COST CENTER FUND INTERNAL ORDER BS $2,333.00 724000 8000321000 8000000728 $2,333.00 ($)TOTAL AMOUNT SECTION VIII- APPROVALS-Pa ment cannot be made without on inal approval signatures. SIGNATURE PRINTED NAME, DATE DEPARTMENT ACCOUNT David H. Williams MANAGER(Required) - CSCS DEAN/DIRECTOR 'Optional) I VICE-PRESIDENT ;Optional) GRANTS(Required for Grants) Office Use Onl : Fax Specialist OK to Pay-Initials: ❑ Contract on file ❑ IRS required forms on file Approval Date sent to Accounting: ❑ Vendor not an employee within last 12 months Completed forms must be sent to the Tax Specialist: Texas State University 601 University Drive,JCK 820 San Marcos,Texas 78666-4616 Phone: 5-8708 Fax: 5-8434 Rev 060606 Cl irtr8E-088 (Gott) uiwpd aot jod -4uowneag egT :OT LO LZ daS o Texas Tobacco Prevention initiative FY 2008 Community Law Enforcement Program Work Plan —:13 illiber 1, 2007—December 31, 1007 Contractor: (Agency Name) Beaumont Police Department _ Contact Person: Lt.Jeffrey Skinner T a) 1� Activ't T e Se tember October November December Tota1. m , /3AfOrtY 0 co W Compliance Inspections /O # ° % # % # % # 100% # 0 Performance Goal: 15 — Controlled Buys % # % # % # % # 100% # Performance Goal: 30 This Work •., Plan will allow CSCS to accurately measure yourprogress,identify an y potential problem areas,provide technical assistance,and will also allow CSCS to report a planned E percentage of effort for contractual activities to the Department of State Health Services,to ensure ongoing compliance with contractual obligations. Q W Instructions: Please complete this Work Plan indicating the percentage of and actual number of contract activities that will be U completed in each month. Add the total number from each month and put the total in the last column .r, o DUE DATE: Friday, October 5 2007 Forms may be faxed to 512-245-1465 Attn: Florence Raymond c 0 E 7 w Date Submitted: Signature: t� �v m Received&Approved by CSCS: N 0 El N Q