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2000-24088 RESO RESOLUTION NO. 2000-24088 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH THE STATE OF FLORIDA, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, FOR THE DIVISION'S PAYMENT TO THE POLICE DEPARTMENT OF $29,983.44, FOR OVERTIME COSTS AND OTHER EXPENSES, FOR POLICE OFFICERS OF THE MIAMI BEACH POLICE DEPARTMENT TO CONDUCT INVESTIGATIONS INTO THE UNLAWFUL SALE TO, OR POSSESSION OF, TOBACCO PRODUCTS BY PERSONS UNDER THE AGE OF 18, UNDER THE SCHOOL PROXIMITY TOBACCO ENFORCEMENT (SPTE) AND THE AGENTS COMBATING TOBACCO SALES (ACTS) PROGRAMS. WHEREAS, the State of Florida recently settled its lawsuit with the tobacco industry; and funds from the settlement have been eannarked for use to reduce the use of tobacco products by persons under the age of 18; and WHEREAS, the funds for this purpose were directed to the State Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco for development and implementation of programs to reduce use of tobacco products by persons under the age of 18; and WHEREAS, the Division of Alcoholic Beverages and Tobacco has created the Schools Proximity Tobacco Enforcement (SPTE) and Agents Combating Tobacco Sales (ACTS) Programs to reduce the use of tobacco products by persons under the age of 18 ;and WHEREAS, the Division of Alcoholic Beverages and Tobacco has agreed to provide the Miami Beach Police Department with $29,983.44, to pay overtime costs and other expenses related to investigations of the unlawful sales to or possession oftobacco products by persons under the age of 18 years old as referenced in the attached contract; and WHEREAS, the funds cover the period from the date of execution ofthe contract to December 31,2000; and WHEREAS, there is no cash match required by the City. NOW THEREFORE BE ITDUL YRESOLVED BY THE MA YORANDCITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are herein authorized to execute the attached contract with the State of Florida, Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, for the Division's payment to the Police Department of $29,983.44, far overtime costs and other expenses, for police officers of the Miami Beach Police Department to conduct investigations into the unlawful sale to, ar possession of, tobacco products by persons under the age of 18, under the School Proximity Tobacco Enforcement (SPTE) and the Agents Combating Tobacco Sales (ACTS) Programs. PASSED and ADOPTED this 27th day of September, 2000. ~fl MAYOR ATTEST: -~p~ CITY CLERK APPROVED AS TO mRM & LANGUAGE 2. fOR EXECUTION F:IPOLIITECHSERv\POLICIESICOM_RESOIcontract with DBATF fortabacco enforcement.tes.wpd ~ ~ ~orn91 fj ~ 2- J-CIP bate CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\cl.miami-beach.fl.us TO: FROM: SUBJECT: COMMISSION MEMORANDUM NO. (1'2. --00 Mayor Neisen O. Kasdin and Members of the City Commission DATE: September 27, 2000 Jorge M. Gonzalez '\.~ City Manager (F ~ ~ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH THE STATE OF FLORIDA, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, IN THE AMOUNT OF $29,983.44, FOR OVERTIME COSTS AND OTHER EXPENSES, FOR POLICE OFFICERS OF THE MIAMI BEACH POLICE DEPARTMENT TO CONDUCT INVESTIGATIONS INTO THE UNLAWFUL SALE TO, OR POSSESSION OF, TOBACCO PRODUCTS BY PERSONS UNDER THE AGE OF 18, UNDER THE SCHOOL PROXIMITY TOBACCO ENFORCEMENT (SPTE) AND THE AGENTS COMBATING TOBACCO SALES (ACTS) PROGRAMS. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS In 1998, the State of Florida settled its lawsuit with the Tobacco industry, Funds from the settlement have been given to the Department of Business Regulation, Division of Alcoholic Beverages and Tobacco for the purposes of reducing the number of persons under the age of 18 purchasing and consuming tobacco products, In furtherance of this goal, the Division of Alcoholic Beverages and Tobacco has developed the School Proximity Tobacco Enforcement Program and the Agents Combating Tobacco Program. The Schools Proximity Tobacco Enforcement (SPTE) Program The SPTE program seeks to create a Tobacco Influence Free Zone around public and private elementary, middle and high schools throughout the State. The creation of Tobacco Influence Free Zones will be accomplished through the combined efforts of Retailer Compliance Investigations and Tobacco Possession Investigations within walking distance, (approximately I Y, miles), of schools and in other areas with a high concentration of AGENDA ITEM C ,]) DATE3-'2f-OO Commission Memorandum September 27, 2000 Page 2 school age youth, Retailer compliance investigations are designed to determine whether vendors who are selling tobacco products are complying with Florida law by not selling tobacco to persons under 18 years of age, Florida Law prohibits the possession of tobacco products by anyone under the age of 18, One objective ofthe SPTE Program, is to enforce Florida's law relating to the underage possession of tobacco, The Tobacco Possession Enforcement Program will be used to identify and issue citations to youths in violation, thereby discouraging young people from smoking. The Agents Combating Tobacco Sales (ACTS) Program Research has shown that most people under the age of 18 who use tobacco obtain tobacco products by making unlawful purchases from retail businesses located near their schools, The objective of the ACTS Program is to create doubt in the minds of young people as to whether retail establishments where the youth may have attempted unlawful purchases of tobacco products, are being staffed by undercover police officers. This uncertainty should discourage attempts by youth to illegally procure tobacco from retail vendors and result in reduced availability of tobacco products by underage persons. The ACTS Program will place police officers in retail establishments which sell tobacco products, posing as either store employees or customers. Officers will seek to identify potential underage purchasers of tobacco products and then take appropriate enforcement action. Additionally, officers are afforded the opportunity and are expected to train store employees regarding tobacco law, techniques to identify underage customers, detection of false identification, and strategies to safely refuse unlawful sales. The Division of Alcoholic Beverages and Tobacco will provide $29,983.44 to the Miami Beach Police Department for overtime expenses for investigations under these two programs, The funds will cover the period from the date of signing until December 31, 2000, If both parties choose so, the programs can be renewed for additional terms at six months each, There is no cash match required by the City. Every day another 3,000 people under the age of 18 start smoking, Peer pressure is one of the greatest motivations encouraging young people to using tobacco products. The activities of older students, perceived by peers as "cool," can influence the choices of young students to use tobacco products, Establishing a Tobacco Influence Free Zone around schools will remove that influence where students most often congregate. Tobacco use often results in other acts of rebellion by youth including experimentation with other drugs and crime, It is recommended that the Mayor and City Commission adopt the Resolution so that the Miami Beach Police Department can use these funds for enforcing laws that will deter young people from using tobacco products, JMG~DD:PS:MMS 'tf< F:\POLI\TECHSERV\POLICIES\COM_MEMO\contract with DBATF for tabacco enforcement.mem.wpd . .. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO CONTRACT FOR SCHOOL PROXIMITY TOBACCO ENFORCEMENT CONTRACT NUMBER 00-00147-00 The Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco ("DABT") is concerned about the availability of tobacco products to underage persons. In an effort to reduce this availability, DABT seeks to increase tobacco enforcement activities. PARTIES: This contract is made and entered into by and between DABT and MIAMI BEACH POLICE DEPARTMENT, hereinafter referred to as the CONTRACTOR, to conduct School Proximity Tobacco Enforcement ("SPTE") investigations as more fully described below. This contract is exclusive and personal and may not be assigned by the CONTRACTOR in whole or in part. PROGRAM: School Proximity Tobacco Enforcement: The SPTE Program provides for both compliance investigations of retail vendors of tobacco products and tobacco possession enforcement in close proximity to public and private schools. This program seeks to create a tobacco influence free zone around schools. The compliance investigations will be performed within close proximity of assigned schools and places where youth congregate, utilizing an underage operative to make controlled purchases of tobacco products. Clerks selling tobacco products to underage persons will be charged criminally. Stores where such violations occur will have their tobacco permits subject to administrative proceedings. Tobacco possession investigations will be conducted within close proximity to assigned schools and places where youth congregate. An underage person found to be in possession of tobacco products will be issued a civil citation for the offense. The SPTE Program is more fully discussed and explained in the Statement of Work attached as EXHIBIT A to this contract. CONTRACT TERM AND CONSIDERATION: Contractual services will begin on January 1, 2001 or upon the date of full execution of this contract by DABT and the CONTRACTOR, and contractual services shall end when the work is complete or no later than June 30, 2001, whichever comes first. CONTRACTOR WILL NOT BE PAID FOR ANY WORK COMPLETED BEFORE THE FULL EXECUTION OF THE CONTRACT BY CONTRACTOR AND DABT. MIAMI BEACH POLICE DEPARTMENT CONTRACT # 00-00147-00 Page 1 of9 " Each investigation conducted pursuant to this contract will be called a " Unit" of work and each Unit shall consist of ten (10) man-hours. Of the ten man-hours included in each Unit, eight hours (four for each officer) shall be dedicated to on-site investigation, and two hours (one for each officer) shall be allowed for preparation, travel, and report writing. For each Unit the total consideration shall include the unit clerical cost, the hourly overtime rate for officers multiplied by ten, and, if applicable, one hour of supervisory overtime. The overtime rates shall be as established in the attached Affidavit of Costs. As stated in the Affidavit of Costs, these overtime rates are inclusive of benefits, payroll taxes and other mandatory payroll deductions. Extraordinary clerical costs may be reimbursed, but shall be paid based on overtime hours actually worked by clerical staff. Other fixed costs, such as for training, supplies and evidence shall be set forth separately on the Cost Summary and will be reimbursed if supported by appropriate documentation. The consideration per Unit for this contract will be _$465.21_(unit clerical cost, hourly overtime rate times ten, and, if applicable, one hour of supervisory overtime cost). The total consideration for the contract will also include any other fixed costs as set forth in the Contract Cost Summary and supported by appropriate documentation. The total number of SPTE investigations (Units) to be conducted pursuant to this contract shall be _64_. SPECIAL PROVISIONS 1. ADVERTISING f MEDIA INFORMATION: The CONTRACTOR agrees to prior coordination with DABT of any advertising or media contact. 2. PROPRIETARY INTEREST: Anything, by whatsoever designation it may be known, that is produced, created, reviewed, developed, or implemented in connection with this contract shall remain the exclusive property of DABT and may not be copyrighted, patented, trademarked or otherwise restricted pursuant to state or federal law or regulation. Neither the CONTRACTOR nor any other organization or individual employed under this contract shall have any proprietary interest in any product, system or program produced, created, reviewed, developed, implemented, or delivered pursuant to this contract. 3. SERVICES: The CONTRACTOR shall perform and render as an independent contractor and not as an agent, representative, or employee of DABT, all the services described herein in a proper and satisfactory manner as determined by DABT in its reasonable sole discretion. MIAMI BEACH POLICE DEPARTMENT CONTRACT # 00-00147-00 Page 2 of 9 , ... 4. CONTRACT REQUIREMENTS: The CONTRACTOR is required to perform SPTE Investigations which shall include: 1) retail compliance investigations utilizing underage operatives and/or 2) enforcement of statutes regarding possession of tobacco products by underage persons within approximately one half mile of a public or private school or in other areas where youth congregate. The Statement of Work attached as EXHIBIT A to this contract more fully and completely sets forth the overview and specifics relating to the SPTE Program. 5. COSTS AND EXPENSES:Any law enforcement agency which furnishes equipment pursuant to this contract shall bear any loss or damage to such equipment and shall pay any expense incurred in its operation and maintenance. Each agency shall be responsible for its own expenses incurred during the course of any investigation unless otherwise agreed upon in writing by both DABT and the CONTRACTOR. Each party agrees to furnish necessary personnel, equipment, resources and facilities and to render services under the contract as required. All expenses normally associated with the employment of personnel, such as salary, travel expenses, per diem and other benefits, shall be borne by the employing agency. In the event equipment is loaned from one party to another pursuant to this contract, the borrowing party agrees to bear any costs pertaining to use, damage, or loss of the equipment. Time and travel costs incurred in testifying in any hearing or court appearance generated as a result of any SPTE investigation and directly related to the enforcement of Florida's tobacco statutes will be compensated in the manner that is customary for witnesses and mileage and will be in accordance with Section 112.061, Florida Statutes. 6. SUPERVISION: Supervision of the personnel assigned to this investigation shall be the responsibility of the CONTRACTOR. Responsibility for the conduct of individual employees, agents, and/or operatives required to implement this contract will be with the CONTRACTOR'S agency head or designee. Responsibility for the conduct of DABT employees shall rest with the Director of CABT. The negotiation and execution of this contract by DABT in Tallahassee is handled by the State Contracts Manager. The CONTRACTOR will appoint an Agency Contract Coordinator for the duration of the contract who will serve as DABT's primary point of contact with the CONTRACTOR. DABT will assign a Special Agent or supervisor as the DABT District Contract Administrator who will have overall coordination and management responsibility under this contract. The DABT District MIAMI BEACH POLICE DEPARTMENT CONTRACT # 00-00147-00 Page 3 of 9 , Contract Administrator will be responsible for training, site selection, operational oversight, report review, program and payment audit, and records management. The DABT District Contract Administrator will be the sole point of contact with the CONTRACTOR for the resolution of problems, contract or program interpretation, or contract modification. Appeals of decisions made by the DABT State Contracts Manager or the District Contract Administrator must be directed to the Administrator ofthe Enforcement Section of the Office of Tobacco Control at (850) 413.0850. Operational strategies will be mutually addressed and resolved by the District Contract Administrator and the CONTRACTOR. The parties agree to meet no less than once a month to discuss and implement investigative strategies and to resolve any problems that may arise. Any change in the Agency Contract Coordinator must be communicated to the DABT State Contracts Manager and the District Contract Administrator in writing. DABT will notify the CONTRACTOR in writing of any change in the DABT State Contracts Manager or District Contract Administrator. 7. INVESTIGATIVE REPORTS: The CONTRACTOR agrees to utilize DABT activity logs, and each Unit of services provided pursuant to this contract shall be the subject of a separate activity log. Activity logs are to be completed by officers working the SPTE investigation, reviewed for accuracy and signed by the appropriate CONTRACTOR supervisor and then provided to DABT's District Contract Administrator as soon as possible but in no case later than five working days after the investigation is completed. A COPY OF EACH ACTIVITY LOG SHALL BE SUBMITTED WITH THE APPROPRIATE INVOICE. Failure to submit properly completed Activity Logs with the appropriate invoice will result in delay or non. payment of the invoice. Any additional reports created by and/or for the use of the CONTRACTOR shall also be provided to DABT upon submission of an invoice. 8. UNDERAGE OPERATIVES: The retention, control and supervision of any underage operative shall be the responsibility of the CONTRACTOR. Recruitment and management of underage operatives by the CONTRACTOR will be consistent with DABT policy and procedure and subject to the approval of DABT's District Contract Administrator. 9. SEIZED PROPERTY: In the event that any property or cash is seized as a result of investigative activities governed by this contract, the parties agree to ensure the equitable distribution of forfeited property, cash or proceeds from the sale offorfeited property. The forfeiture and distribution of such property shall be pursuant to Section 932.701, et seq., Florida Statutes. Forfeited property or proceeds shall be distributed to the appropriate law enforcement agency or agencies MIAMI BEACH POLICE DEPARTMENT CONTRACT # 00-00147-00 Page 4 of 9 . that participated directly and substantially in any of the acts which led to the seizure or forfeiture of such property or cash. It is agreed that the percentage of any proceeds from forfeited property or the value of property retained by an agency shall be commensurate with the participation of that agency in the activity which resulted in the seizure, unless otherwise agreed to by the participating agencies. Any agency which provides for court costs or costs for maintaining seized property shall be reimbursed out of any proceeds from the sale of seized property prior to the distribution of proceeds. GENERAL PROVISIONS 1. APPROPRIATION: In accordance with Sections 216.311 and 287.0582, Florida Statutes, DABT's performance and obligation to pay under this contract is contingent upon an appropriation by the Florida Legislature. 2. AUDIT: All invoices shall be submitted by the CONTRACTOR to DABT with sufficient detail for a proper pre-audit or post-audit. Any costs included on the Cost Summary which are not included in the Unit cost shall be pre-approved by the Administrator of the Enforcement Section of the Office of Tobacco Control and be supported by appropriate documentation such as receipts, invoices or affidavits. FLORIDA SINGLE AUDIT ACT: Effective July 1, 2000, Section 215.97, Florida Statutes, (former s. 216.3491) establishes the Florida Single Audit Act. Funds awarded to CONTRACTOR pursuant to this contract have been determined to be state financial assistance and may be subject to audits as required by this statute. CONTRACTOR agrees to the provisions of EXHIBIT E, Florida Single Audit Act Contract Language, and Attachment 1 to EXHIBIT E, both of which are attached hereto and incorporated herein. 3. CANCELLATION: This contract may be terminated by either party with or without cause, by giving written notice to the other party. Such notice shall be sufficient if it is delivered to the party personally, sent by facsimile, or delivered by U.S. Mail. In case of cancellation, only the costs actually accrued for services satisfactorily performed prior to the date of cancellation shall be due and payable, and all work in progress shall remain the property of DABT and shall be delivered to DABT. 4. ENTIRE AGREEMENT: This contract and its attached Affidavit of Costs Form, the Statement of Work EXHIBIT A, EXHIBIT E Florida Single Audit Act Contract Language, and Attachment 1 to EXHIBIT E constitute the entire agreement of the parties. No other agreement or modification to this contract, expressed or implied, shall be binding on either party unless same is in writing and signed or initialed by MIAMI BEACH POLICE DEPARTMENT CONTRACT # 00-00147-00 Page 5 of 9 . both parties. This agreement may not be orally modified. Any modification beyond initialed changes in the body of this contract must be in writing, expressly titled a modification, amendment, addendum or extension to this contract, attached to this contract, and signed by both parties. 5. FORCE MAJEURE: Neither party shall be liable for loss or damage suffered as a result of any delay or failure in performance under this contract or interruption of performance resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, fire, explosions, floods, water, wind, lightning strikes or labor disputes to the extent such events are beyond the reasonable control of the party claiming excuse from liability resulting therefrom. If a "force majeure event" does occur, the parties agree to negotiate an extension of the contract as appropriate, provided such extension does not authorize the provision of contractual services beyond June 30, 2001. 6. LIABILITY: Each agency shall bear the liability arising from acts undertaken by its personnel pursuant to this contract. All of the privileges and immunities from liability, exemption from law, ordinances and rules, all pension, insurance, relief, disability, workers' compensation, salary, death and other benefits which apply to the activity of such officers, agents or employees of any such agency when performing their respective functions for their respective public agencies shall apply to them to the same degree, manner and extent while engaged in the performance of any of their functions and duties under the provisions of this contract. The provisions of this section shall apply with equal effect to volunteer and auxiliary employees. In no event, shall a participating agency or political subdivision be liable for suit or claim for damages resulting from the acts of another participating agency. Furthermore, any claim of liability asserted against DABT or a CONTRACTOR may be subject to the limitations of liability set forth in Sections 768.28, and 284.31, Florida Statutes. 7. PAYMENT: A. Section 215.422, Florida Statutes, provides that state agencies have five (5) working days to inspect and approve goods and services, unless bid specifications, the contract, or the purchase order specifies otherwise. With the exception of payments to health care providers for hospital, medical, or other health care services, if payment is not available within forty (40) days, measured from the latter of the date the invoice is received, or the goods or services are received, inspected and approved, a separate interest penalty of .02740% will be due and MIAMI BEACH POLICE DEPARTMENT CONTRACT # 00-00147-00 Page 6 of 9 " . payable in addition to the invoice amount. Invoices returned to a vendor due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the agency. A Vendor Ombudsman, whose duties include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency, may be contacted at (850) 488-2924, or by calling the State Comptroller's Hotline, 1-800-848- 3792. B. Invoices with supporting documentation, including completed activity logs, shall be submitted by the CONTRACTOR to DABT at least once every month by delivering same to the Administrator of the Enforcement Section of the Office of Tobacco Control at 1940 North Monroe Street, Tallahassee, Florida 32399-1024. Each invoice MUST be inclusive of all work completed during the billing period, such that all work is invoiced for payment within 30 days of its completion. A final invoice for all work completed pursuant to this contract MUST be submitted within 30 days of the expiration of the contract period. Payment is due within forty (40) days after receipt of each invoice. No advance payments are authorized by this contract. 8. PUBLIC DOCUMENTS: Pursuant to Section 287.058, Florida Statutes, CONTRACTOR shall allow access to all documents, papers, letters or other materials subject to Chapter 119, Florida Statutes, unless otherwise exempted. If CONTRACTOR refuses access to such documents, DABT may petition any court to compel production of such documents. The CONTRACTOR shall then pay all costs and attorney fees pursuant to this action. DABT may unilaterally cancel this contract for refusal by the CONTRACTOR to allow public access to all documents, papers, letters, or other material originated or received by the CONTRACTOR in conjunction with the contract subject to the provisions of Chapter 119, Florida Statutes. 9. RENEWAL: Upon completion of all Units of work included within this contract, this contract may be renewed upon the same terms and conditions on a yearly basis for a period of up to two (2) years after the initial contract term or for a period no longer than the term of the original contract, whichever period is longer. Renewals are contingent upon satisfactory performance of the CONTRACTOR, as determined by DABT, and are subject to the availability of funds. To renew the contract, the parties must execute a written renewal agreement prior to the end of the expiring contract term. CONTRACTOR WILL NOT BE PAID FOR ANY WORK COMPLETED PURSUANT TO AN ANTICIPATED RENEWAL BEFORE THE FULL EXECUTION OF THE RENEWAL AGREEMENT BY CONTRACTOR AND DABT. MIAMI BEACH POLICE DEPARTMENT CONTRACT # 00-00147-00 Page 7 of 9 10. SEVERABILITY: The invalidity or unenforceability of any particular provision of this contract shall not affect the other provisions hereof and this contract shall be construed in all respects as if such invalid or unenforceable provision(s) was omitted. 11. TRAVEL AND EXPENSES: A. Regular travel costs for such things as gas, mileage andlor vehicle expense are the responsibility of the CONTRACTOR, however, extraordinary travel, that is travel outside of the county, will be compensated in accordance with Section 112.061, Florida Statutes. B. The CONTRACTOR shall contact the DABT District Contract Administrator prior to incurring any travel or any other expenses to be reimbursed by DABT. The District Contract Administrator shall require pre-authorization and pre-approval of said travel or expenses on a "State of Florida Authorization To Incur Travel" form. In the event pre-authorization is required and CONTRACTOR fails to provide documentation of same, CONTRACTOR shall not be reimbursed for such travel or expenses. C. Requests for reimbursement are to be submitted on a "State of Florida Voucher for Reimbursement of Traveling Expenses" form. 12. ATTORNEYS' FEES: Except as provided in the clause entitled "Public Documents," and as otherwise provided by law, the parties agree to be responsible for their own attorneys' fees incurred in connection with disputes arising under the terms of this contract. 13. DISPUTES: This contract shall be governed by and construed in accordance with the laws of Florida, and DABT, pursuant to the State's home venue privilege, is entitled to assert venue in Leon County, Florida, for any disputes arising out of this contract. 14. OTHER EMPLOYMENT: The CONTRACTOR shall not engage the services of any person or persons now employed by the State of Florida, including DABT or subdivision thereof, to provide services relating to this contract without written consent of the employer of such person or persons and of DABT. 15. NOTICE TO CONTRACTOR: DABT shall consider the employment by any CONTRACTOR of unauthorized aliens a violation of section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this contract. MIAMI BEACH POLICE DEPARTMENT CONTRACT # 00-00147-00 Page 80f9 '. ' . . .-... .. --. WITH THEIR SIGNATURES, the parties agree to all the provisions, special and general, and all other terms and conditions of this contract, #00-00147-00. Florida law governs this contract. STATE OF FLORIDA vi Kim Binkley-5eye Secretary Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0750 \1--'~'~ Date (Signed by DBPR Signing Authority) IC ODtraclor!:L,," "J (Print Name) Neisen Kasdin (Title) Mayor (Agency Name)Miami Beach Police Department (Address) 1100 Washington Avenue Miami Beach (State/Zip) (Phone) (Fax) Florida 33139 (305) 673-7925 (305) 673-7065 ~J II. ? OOt? Date (Signed by Contractor) 59-6000372 Federal Employer I.D. Number ~~ Robert Parcher, City Clerk APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~ 9-'). f<Jl,I Data Page 9 of9 CONTRACT # 00..00147-00 MIAMI BEACH POLICE DEPARTMENT " , School Proximity Tobacco Enforcement. SPTE Statement of Work EXHIBIT A 1. Overview The SPTE Program seeks to create a Tobacco Influence Free Zone around public and private elementary, middle and high schools throughout Florida. Tobacco Influence Free Zones will be created through the combined efforts of Retail Compliance Investigations and Tobacco Possession Investigations within walking distance (approximately Y. mile) of schools and in other areas with a high concentration of school age youth, Every day another 1000 people under the age of 18 start smoking. Peer pressure is one of the greatest motivators encouraging young people to begin using tobacco products, Activities of older students, perceived by peers as "cool", can influence the choices of young students to use tobacco products. Establishing a Tobacco Influence Free Zone around schools will remove that influence where students most often congregate. Known as a gateway to drug use, tobacco use often results in other acts of rebellion by youth including experimentation with illegal drugs and crime. Retail Compliance Investigations. Retail Compliance Investigations are designed to determine whether vendors selling tobacco products are complying with Florida law by not selling tobacco to persons under 18 years of age, With the Division of Alcoholic Beverages and Tobacco (DABT) District Contract Administrator, the CONTRACTOR shall develop and utilize underage operatives to make controlled buys of tobacco products from retail establishments located near schools and in other areas where youth congregate. The CONTRACTOR shall follow DABT policy and procedure regarding the use of underage operatives, including the creation of a file for each operative, This file should contain, at a minimum, a parental permission form, a copy of the operative's drivers license or birth certificate and a photograph of the operative taken each day he/she is utilized, All underage operatives must be under 17 years of age, and obviously underage in appearance and dress, For males, no facial hair will be allowed, Females should wear neither excessive makeup nor revealing attire, Further, all participating agencies, their personnel and their charges are expected to conduct themselves in a professional manner in accordance with the uniform standards of conduct for law enforcement. Clerks selling tobacco products to underage persons will be charged criminally. Stores where such violations occur will have their tobacco permits subject to administrative proceedings. All arrest and citation procedures will be conducted according to the standards of care set forth for law enforcement agencies. Tobacco Possession Enforcement. These investigations are designed to enforce Florida law prohibiting the use of tobacco products by persons under 18 years of age. Investigations generally will be conducted at local schools but may also occur wherever youth are known to gather, The CONTRACTOR shall identify and issue citations to youth STATEMENT OF WORK - EXHIBIT A A-1 " , in violation, thereby discouraging the use of tobacco products. All citation procedures will be conducted according to the standards of care set forth for law enforcement agencies. 2. Reimbursement Funding for the SPTE Program comes from Florida's settlement with the tobacco industry, The CONTRACTOR shall be reimbursed as invoiced by the CONTRACTOR according to the number of completed SPTE units accomplished, Retail and Possession investigations are not interchangeable, It is essential that reports and invoices accurately and thoroughly represent the work completed. Invoices that do not meet the requirements of the SPTE Program shall be returned unpaid to the CONTRACTOR for correction. A SPTE Work Unit consists of 10 dedicated hours as follows: 1 WORK UNIT = 2 officers @ 4 hours each onsite 2 officers @ 1 hour Preparation. Travel and Report Writing Total officer hours per WORK UNIT = 8 hours = 2 hours = 10 hours Officer Costs. Each CONTRACTOR shall submit on Agency letterhead all salary and benefit information and work unit labor calculations, CONTRACTORS shall receive reimbursement for costs such as FICA, Social Security, Workers' Compensation, Pension and Health Insurance. However, officer benefits must be set forth based on the CONTRACTOR's percentage of contribution, These established costs, including hourly rates, shall be set forth in the Affidavit of Costs included in this CONTRACT. Supervisory Costs. The CONTRACTOR may be reimbursed for supervisory costs performed on an overtime basis. If the Agency Contract Coordinator or other person responsible for the management of activities associated with this contract performs such duties during off-duty hours, the CONTRACTOR may request reimbursement for a maximum of one (1) hour supervisory costs per unit to be paid at the supervising employee's established overtime rate of pay as set forth in the Affidavit of Costs included in this CONTRACT, Officers may not serve as both a supervising and participating officer on the same detail. Activity logs completed pursuant to this contract which list a sheriff or police chief as a participating officer shall be reviewed and signed by the next higher- ranking official in the CONTRACTOR's chain of command, e,g. city manager, city or county commissioner, mayor. Clerical Costs. Separate and reasonable reimbursement for clerical costs (e.g. word processing, report tracking and invoice preparation) will be allowed under the terms of this CONTRACT. A maximum of $5.00 per work unit is allotted to cover these routine tasks. STATEMENT OF WORK - EXHIBIT A A-2 " , Other Expenses. The CONTRACTOR may request reimbursement for expenses incurred as a result of SPTE investigations, including citation printing, reimbursement of underage operatives, and evidence costs, Anticipated expenses must be specified in the Contract Cost Summary. Copies of receipts for such expenses must be submitted for reimbursement with the appropriate invoice, A maximum of $25.00 will be paid for reimbursement of underage operatives for work they performed on a specific date. 3. Total Consideration for SPTE CONTRACTS Each fiscal year, Tobacco Settlement funds are appropriated by the Florida Legislature to DABT for distribution to local law enforcement agencies for the purpose of reducing the availability and accessibility of tobacco products to youth. Pursuant to requests for funding, contract award amounts to local agencies are determined by assessment of the perceived need for tobacco enforcement in a given area and the perceived ability of an agency to provide tobacco enforcement activities within their jurisdiction. Perceived need for tobacco enforcement is based on the total youth population as well as the number of public and private elementary, middle and high schools within a jurisdiction, Perceived ability to perform tobacco enforcement activities is determined by the number of officers within an agency and, when applicable, shall also include an evaluation of the agency's past contract performance. 4. Site Selection The SPTE Program shall be conducted at locations within close proximity to schools and where young people are known to congregate, The CONTRACTOR may only perform services under this CONTRACT at locations approved by the DABT District Contract Administrator. The CONTRACTOR is expected to suggest locations for investigations. Generally, all approved locations for tobacco enforcement will be within a one-half-mile radius of a public or private elementary, middle, or high school. As a courtesy, and whenever feasible, the CONTRACTOR shall attempt to notify the School Resource Officer or School Principal when working tobacco possession enforcement in close proximity to a particular school. 5. Training DABT, through its assigned District Contract Administrator, will conduct training of the CONTRACTOR's personnel who will participate in the Program. Initially, up to two training sessions will be provided at times and places established by the CONTRACTOR and agreed to by the DABT District Contract Administrator. No officer/deputy or supervisor may participate in the Program unless that person has received training from the DABT District Contract Administrator, another designated DABT employee, or other person authorized by DABT and/or approved by the Administrator of the Office of Tobacco Control - Enforcement. The required training is mandatory for participation in SPTE CONTRACT work activities. STATEMENT OF WORK - EXHIBIT A A-3 , , For reimbursement purposes, the CONTRACTOR shall furnish to the DABT District Contract Administrator the names of its personnel who have been trained and who will be participating in the SPTE Program. Officers may elect to repeat training sessions; however, officers will be reimbursed only once for training. Specific instruction regarding DABT policies and procedures for SPTE investigations and the use of underage operatives will be presented during the CONTRACT training sessions, 6. Vendor Registration Effective February 18, 2000, all current and new state vendors must register with the Department of Management Services Vendor Registration System, Certification of Vendor Registration or Re-registration is required for all contracts, contract amendments and contract renewals. Vendors who submitted registration forms after March 31, 2000 need not submit another vendor registration record. (This Space Left Blank) STATEMENT OF WORK - EXHIBIT A A-4 -. - ,J. ..~ CONTRACT COST SUMMARY OFFICE OF TOBACCO CONTROL - ENFORCEMENT SCHOOL PROXIMITY TOBACCO ENFORCEMENT (SPTE) MIAMI BEACH POLICE DEPARTMENT (CONTRACTOR Name) Variable Contract Expenses: Each investigation = 1 WORK UNIT 1 WORK UNIT =2 officers @ 4 hours each onsite 2 officers to>. 1 hour Preoaration. Travel and Reoort Writina Total officer hours per WORK UNIT = 8 hours = 2 hours =10 hours 1. 1 WORK UNIT = 10 officer hours x $_ 40.35_per hour 2. SUPERVISION COST = 1 Supervising Officer @ 1 overtime hour each 3. CLERICAL COST = $ 403.50 = $ 56.71 = $ 5.00 = $ 465.21 4. TOTAL WORK UNIT COST (sum lines 1, 2, 3) 5. TOTAL VARIABLE CONTRACT EXPENSES: L6_ Retail Compliance investigations + _58_ Possession investigations) x total work unit cost (line 4) = $ 29.773.44 Fixed Contract Expenses: 6. TRAINING EXPENSE = $_O_overtime rate x ---'- hours x _0_ Officers 7. OTHER EXPENSES - Specify and attach supporting documentation. =$ 0.00 INVESTIGATIVE AIDE - $25 X 6 = $150 EVID!;NCE - $10 X 6 = $60 . 8. TOTAL FIXED CONTRACT EXPENSES (sum lines 6 and 7) 9. TOTAL CONSIDERATION: for SPTE (sum lines 5 and 8) = $ 210.00 = $ 210.00 = $ 29.983.44 A- ; , . . - --- .I' AFFIDA VI...TJ!F COSTS The Division of Alcoholic Beverages and Tobacco, under the auspices of the Enforcement Section of the Office of Tobacco Control, has entered into the preceding contract with the City of Miami Beach Poilce (CONTRACTOR/AFFIANT) to provide for the enforcement of statutes relating to the sale of tobacco products to underage persons and to the possession of tobacco products by underage persons. Pursuant to this contract, CONTRACTOR/AFFIANT hereby certifies that the overtime rate of$ 40.35 per hour is standard for the officers to be employed in the implementation of this contract, and CONTRACTOR/AFFIANT further certifies that such rate includes the cost of benefits, payroll taxes and other mandatory payroll deductions. CONTRACTOR/AFFIANT also certifies that the overtime rate of $ 56.71 per hour is standard for those officers who will supervise.and oversee the implementation of the contract and that such rate is inclusive of the cost of benefits, payroll taxes and other mandatory payroll deductions. CONTRACTOR/AFFIANT also attests to the accuracy of any other costs to be considered for reimbursement, which shall be specified and set forth separately on the Contract Cost Summary to be completed for each contract. Such costs are to be considered for reimbursement when invoiced, AFFIANT FURTHER SAYETII NAUGHT. ~ nVv rJ _ Signature (Title) Chief of Police STATE OF FLORIDA COUNTY OF \) ~'>~ \(.\-<:.Hntu:> i\1laJU:.~ . as that the foregoing BEFORE ME, the undersigned authority, personally appeared who, being personally known 01 haying prol'ided identification, after being duly sworn under oath, deposed and stated information is true and correct to the best ofhislher knowledge and belief. in SWORN TO and SUBSCRIBED before me this \\,.,......:, ~...lll"-\'r \ "''l.t:... Ll day of ~l'\ County, Florida. ,2000, ~~ My Commission Expires: c,--;b,,( <:''L Notary Public, State of Florida at Large ~ l\,.... r-f'"\. '\ _ ((A..,,, Printed or Typed Name of Notary Public I\RY DANNYT REID NOrAllY PUBLIC lItATIl OIl FLORIDA COMMISSION NO. CC7299t9 MY ION EXP. MAR. 31 EXHIBIT E FLORIDA SINGLE AUDIT ACT CONTRACT LANGUAGE The administration of funds awarded by the Department of Business and Professional Regulation to the CONTRACTOR may be subject to audits and for monitoring by the Department of Business and Professional Regulation as described in this section, MONITORING Monitoring procedures may include, but not be limited to, on-site visits by Department staff, and/or other procedures. By entering into this agreement, the CONTRACTOR agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Business and Professional Regulation. The CONTRACTOR agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PART I: STATE FUNDED This part is applicable if the CONTRACTOR is a nonstate entity as defined by section 215.97, Florida Statutes, (former s. 216.3491). 1. In the event that the CONTRACTOR expends a total amount of State awards (Le" State financial assistance provided to the CONTRACTOR to carry out a State project) equal to or in excess of $300,000 in any fiscal year of such CONTRACTOR, the CONTRACTOR must have a State single or project-specific audit for such fiscal year in accordance with Section 215,97, Florida Statutes, (former s, 216.3491); applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10,600 Rules of the Auditor General. Attachment 1 to this agreement indicates State funds awarded through the Department of Business and Professional Regulation by this agreement. In determining the State awards expended in its fiscal year, the CONTRACTOR shall consider all sources of State awards, including State funds received from the Department of Business and Professional Regulation, except that State awards received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the CONTRACTOR shall ensure that the audit complies with the requirements of Section 215.97, Florida Statutes, (former s, 216.3491), This includes submission of a reporting package as defined by Section 215.97, Florida Statutes, (former s, 216,3491) and Chapter 10.600, Rules of the Auditor General. EXHIBIT - E - 1 - . , . EXHIBIT E FLORIDA SINGLE AUDIT ACT CONTRACT LANGUAGE 3. If the CONTRACTOR expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, (former s. 216.3491) is not required. In the event that the CONTRACTOR expends less than $300,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215,97, Florida Statutes, (former s, 216.3491) the cost of the audit must be paid from non- State funds (Le., the cost of such an audit must be paid from CONTRACTOR funds obtained from other than State entities). 4. For more information on the Florida Single Audit Act visit the websites at: http://sun6.dms.state.f),us/fsaa. www.state.f).us/audgen/pages/rules.htm. PART II: REPORT SUBMISSION 1, Copies of reporting packages required by PART I of this agreement shall be submitted by or on behalf of the CONTRACTOR directly to each of the following: A. The Department of Business and Professional Regulation at the following address: Department of Business and Professional Regulation Division of Alcoholic Beverages and Tobacco Office of Tobacco Control-Enforcement 1940 North Monroe Street Tallahassee, Florida 32399-1024 C, The Auditor General's Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 EXHIBIT - E - 2- .. i' , EXHIBIT E FLORIDA SINGLE AUDIT ACT CONTRACT LANGUAGE 2. Any reports, management letters, or other information required to be submitted to the Department of Business and Professional Regulation pursuant to this agreement shall be submitted timely in accordance with Chapter 10.600, Rules of the Auditor General, as applicable, 3. CONTRACTORS, when submitting audit reports to the Department of Business and Professional Regulation for audits done in accordance with Florida Statutes and Chapter 10.600, Rules of the Auditor General, should indicate the date that the audit report was delivered to the CONTRACTOR in correspondence accompanying the audit report. PART III: RECORD RETENTION 1. The CONTRACTOR shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow the Department of Business and Professional Regulation, or its designee, access to such records upon request. The CONTRACTOR shall ensure that audit working papers are made available to the Department of Business and Professional Regulation, or its designee, upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department of Business and Professional Regulation. EXHIBIT - E - 3- . ATTACHMENT 1 TO EXHIBIT E FEDERAL FUNDS FEDERAL FUNDS AWARDED TO THE CONTRACTOR PURSUANT TO THIS AGREEMENT CONSIST OF THE FOllOWING: NONE COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL FUNDS AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOllOWS: NOT APPLICABLE STATE FUNDS STATE FUNDS AWARDED TO THE CONTRACTOR PURSUANT TO THIS AGREEMENT CONSIST OF THE FOllOWING: MATCHING FUNDS FOR FEDERAL PROGRAMS: NONE SUBJECT TO SECTION 215.97, FLORIDA STATUTES, (former s. 216.3491): SCHOOL PROXIMITY TOBACCO ENFORCEMENT PROGRAM DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CATALOG OF STATE FINANCIAL ASSISTANCE TITLE AND NUMBER- SCHOOL PROXIMITY TOBACCO ENFORCEMENT PROGRAM, #79.003 AWARD AMOUNT ($ 29,983.44 ) COMPLIANCE REQUIREMENTS APPLICABLE TO STATE FUNDS AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOllOWS: For more information on the Florida Single Audit Act, SEE: Part Six - Guidance For Auditing Projects Not Included In The Compliance Supplement and visit the websites at: htlp://su n6.dms,state.fl,us/fsaa/auditing_projects.html. htlp:/Isun6,dms.state.fl.us/fsaa. ATTACHMENT 1 TO EXHIBIT E - 1 - -- -- ...' ,'I ..~ .' . RESOLUTION NO. 2000-24088 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH THE STATE OF FLORIDA, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION. DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, FOR THE DIVISION'S PAYMENT TO THE POLICE DEPARTMENT OF $29,983,44, FOR OVERTIME COSTS AND OTHER EXPENSES, FOR POLICE OFFICERS OF THE MIAMI BEACH POLICE DEPARTMENT TO CONDUCT INVESTIGATIONS INTO THE UNLAWFUL SALE TO, OR POSSESSION OF, TOBACCO PRODUCTS BY PERSONS UNDER THE AGE OF 18, UNDER THE SCHOOL PROXIMITY TOBACCO ENFORCEMENT (SPTE) AND THE AGENTS COMBATING TOBACCO SALES (ACTS) PROGRAMS. WHEREAS, the State of Florida recently settled its lawsuit with the tobacco industry; and funds from the settlement have been earmarked for use to reduce the use of tobacco products by persons under the age of 18; and WHEREAS, the funds for this purpose were directed to the State Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco for development and implementation of programs to reduce use of tobacco products by persons under the age of 18; and WHEREAS, the Division of Alcoholic Beverages and Tobacco has created the Schools Proximity Tobacco Enforcement (SPTE) and Agents Combating Tobacco Sales (ACTS) Programs to reduce the use of tobacco products by persons under the age of 18;and WHEREAS, the Division of Alcoholic Beverages and Tobacco has agreed to provide the Miami Beach Police Department with $29,983.44, to pay overtime costs and other expenses related to investigations of the unlawful sales to or possession of tobacco products by persons under the age of 18 years old as referenced in the attached contract; and WHEREAS, the funds cover the period from the date of execution of the contract to December 31, 2000; and WHEREAS. there is no cash match required by the City. NOW THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OFTHE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are herein authorized to execute the attached contract with the State of Florida, Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, for the Division's payment to the Police Department of $29.983.44, for overtime costs and other expenses, for police officers of the Miami Beach Police Department to conduct investigations into the unlawful sale to, or possession of, tobacco products by persons under the age of 18, under the School Proximity Tobacco Enforcement (SPTE) and the Agents Combating Tobacco Sales (ACTS) Programs. PASSED and ADOPTED this 27th day of September, 2000. till MAYOR ATTEST: (2/LL0l~ P cLt,Uv, CITY CLERK flJ'PROVED AS TO 'OR~A & LA.NGUAGE ~. "OR EXECUTION F:\POLl\TECHSERV\POLlC1ES\COM_RESO\contract with DBATF fortabacco enforcement.res.wpd ~~ ?- 2- }--{I'e' bat:> r- ~ ,,01 j' Z ;' ,. ... ~ .. ;ITY OF MIAMI BEACH TY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 .p:\\ci.miaml-beach. f1.us COMMISSION MEMORANDUM NO. r ! 2 -co TO: Mayor Neisen O. Kasdin and Members of the City Commission DATE: September 27, 2000 FROM: Jorge M. Gonzalez City Manager "l U'''~ 'I (,J J SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH THE STATE OF FLORIDA, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, IN THE AMOUNT OF $29,983.44, FOR OVERTIME COSTS AND OTHER EXPENSES, FOR POLICE OFFICERS OF THE MIAMI BEACH POLICE DEPARTMENT TO CONDUCT INVESTIGATIONS INTO THE UNLAWFUL SALE TO, OR POSSESSION OF, TOBACCO PRODUCTS BY PERSONS UNDER THE AGE OF 18, UNDER THE SCHOOL PROXIMITY TOBACCO ENFORCEMENT (SPTE) AND THE AGENTS COMBATING TOBACCO SALES (ACTS) PROGRAMS. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS In 1998, the State of Florida settled its lawsuit with the Tobacco industry, Funds from the settlement have been given to the Department of Business Regulation, Division of Alcoholic Beverages and Tobacco for the purposes of reducing the number of persons under the age of 18 purchasing and consuming tobacco products. In furtherance of this goal, the Division of Alcoholic Beverages and Tobacco has developed the School Proximity Tobacco Enforcement Program and the Agents Combating Tobacco Program. The Schools Proximity Tobacco Enforcement (SPTE) Program The SPTE program seeks to create a Tobacco Influence Free Zone around public and private elementary, middle and high schools throughout the State. The creation of Tobacco Influence Free Zones will be accomplished through the combined efforts of Retailer Compliance Investigations and Tobacco Possession Investigations within walking distance, (approximately I Yz miles), of schools and in other areas with a high concentration of AGENDA ITEM C I:D DATE3-2i-OO .--" --. .rJ .'" " r. '. '. ~ Commission Memorandum September 27, 2000 Page 2 school age youth, Retailer compliance investigations are designed to determine whether vendors who are selling tobacco products are complying with Florida law by not selling tobacco to persons under 18 years of age. Florida Law prohibits the possession of tobacco products by anyone under the age of 18. One objective of the SPTE Program, is to enforce Florida's law relating to the underage possession of tobacco. The Tobacco Possession Enforcement Program will be used to identifY and issue citations to youths in violation, thereby discouraging young people from smoking. The Agents Combating Tobacco Sales (ACTS) Program Research has shown that most people under the age of 18 who use tobacco obtain tobacco products by making unlawful purchases from retail businesses located near their schools, The objective ofthe ACTS Program is to create doubt in the minds of young people as to whether retail establishments where the youth may have attempted unlawful purchases of tobacco products, are being staffed by undercover police officers, This uncertainty should discourage attempts by youth to illegally procure tobacco from retail vendors and result in reduced availability of tobacco products by underage persons, The ACTS Program will place police officers in retail establishments which sell tobacco products, posing as either store employees or customers, Officers will seek to identifY potential underage purchasers of tobacco products and then take appropriate enforcement action. Additionally, officers are afforded the opportunity and are expected to train store employees regarding tobacco law, techniques to identifY underage customers, detection of false identification, and strategies to safely refuse unlawful sales, The Division of Alcoholic Beverages and Tobacco will provide $29,983.44 to the Miami Beach police Department for overtime expenses for investigations under these two programs, The funds will cover the period from the date of signing until December 31, 2000. If both parties choose so, the programs can be renewed for additional terms at six months each. There is no cash match required by the City, Every day another 3,000 people under the age of 18 start smoking. Peer pressure is one of the greatest motivations encouraging young people to using tobacco products, The activities of older students, perceived by peers as "cool," can influence the choices of young students to use tobacco products, Establishing a Tobacco Influence Free Zone around schools will remove that influence where students most often congregate. Tobacco use often results in other acts of rebellion by youth including experimentation with other drugs and crime. It is recommended that the Mayor and City Commission adopt the Resolution so that the Miami Beach police Department can use these funds for enforcing laws that will deter young people from using tobacco products, JMG~DD:PS:MMS ~ F:\POLI\TECHSERV\POLICIES\COM_MEMO\contract with DBATF for tabacco enforcement.mem.wpd DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION Jeb Bush, Governor Kim Binkley-Seyer, Secretary January 9, 2001 Neisen Kasdin Mayor Miami Beach Police Department 1100 Washington Avenue Miami Beach, Florida 33139 Dear Mayor Kasdin: We are pleased to enclose a fully executed contract between the Department of Business & Professional Regulation and your department for the School Proximity Tobacco Enforcement (SPTE) Program. As you begin the enforcement activities associated with the SPTE Program, please follow the contract and adopt the following practices: 1, Develop a close working relationship with your District Contract Administrator, Neil Spayd, 8685 NW, 53rd Terrace, Augusta Building, Suite 100, Miami, Florida 33166, (305) 470- 6783. 2, With your first invoice, provide a list of the names of officers trained whether or not you are invoicing for training, 3. Schedule operations after the date of contract execution and before contract expiration, Any investigations conducted prior to execution or following expiration of the contract will not be reimbursed. 4. Schedule operations so the supervising officer is not a participating officer in any operation, 5. Complete activity logs with all required information, including signatures. All signatures must be original; stamped signatures are not acceptable, 6, Submit properly completed activity logs with invoices. Invoices submitted without the required documentation will be returned to you, and payment will be delayed. 7. Remember that the two types of SPTE operations are not interchangeable. The contract specifies exact numbers of retail compliance work units and possession work units, and these numbers cannot be exceeded. Office of Tobacco Control - Enforcement Division of Alcoholic Beverages and Tobacco 1940 N. Monroe Street Tallahassee, Florida 32399-1024 Telephone (850) 413-0850, SC 291-4292, Fax (850) 921-4292 As recipients of public funds, we must endeavor to use Tobacco Pilot Program resources in a financially responsible manner. Your compliance with these procedures will ensure that the SPTE Program is fully accountable to the people of Florida, Should you have any questions regarding the SPTE Program or contract, please contact me at (850) 413-0850, Thank you in advance for working with us to keep the youth of Florida safe and healthy, J:\~ Lt. T. Pendarakis, Enforcement Administrator Cc: District Contract Administrator, Neil Spayd D~~.TMENT OF BUSINESS & PROFESSIONAL REGULATION Jcb Bush, Goverllor Kim Bink1cy~Seyer, Secretary MEMORANDUM TO: Miami Beach Police Department C. Yvonne Taylor, State Contracts Manager ll1 Office of Tobacco Control- Enforcement FROM: RE: NOTIFICATION TO ORGANIZATIONS WITH EXISTING SCHOOL PROXIMITY TOBACCO ENFORCEMENT CONTRACTS DATE: January 9, 2001 This memorandum provides notice that, effective July 1,2000, Section 215.97 (former s. 216.3491), Florida Statutes, establishes the Florida Single Audit Act. The Act is applicable to any nonstate entity with a fiscal year beginning on or after the effective date. Under this Act, any nonstate entity that expends $300,000 or more of state financial assistance in any fiscal year is subject to a state single audit. Funds awarded to your organization pursuant to (#00-00147-00 ) have been determined to be state financial assistance and may be subject to audits as required by this statute. State financial assistance provided by the Department of Business and Professional Regulation to your organization consist of the following: STATE FNANCIAL ASSISTANCE SUBJECT TO SECTION 215.97 (former s. 216.3491): State program 1 (School Proximity Tobacco Enforcement Program, #79.003) $29,983.44 TOTAL STATE FINANCIAL ASSISTANCE SUBJECT TO SECTION 215.97, F.S. (former s. 216.3491) $29,983.44 If you have any questions, please contact: Yvonne Taylor, State Contracts Manager (850) 413-0850. Office of Tobacco Control ~ Enforcement Division of Alcoholic Beverages at'l.d Tobacco '.. 1940 N, Monroe Street Tallahassee. Florida 32399-1024 Telephone (850) 413-0850, SC 291-4292, Fax (850)92 I -4292 . Please sign in the space provided and return this form to: District Contract Administrator, Neil Spayd 8685 NW. 53rd Terrace, Augusta Building, Suite 100 Miami, Flori 33166 (305) 470-6 83, Nfr(L~ 0l-u~ or(17!O I DATE { NAME ...