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HomeMy WebLinkAbout99-23055 RESO RESOLUTION NO. 99-23055 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 $114,969.00, 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 Stale 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 Departmenl 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 Agenls 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 $114,969.00, to pay overtime costs and other expenses relaled to investigations of the unlawful sales to or possession oftobacco products by persons under the age of18 years old as referenced in the attached contract; and WHEREAS, the funds cover the period from the dale of execution of the contract to June 30, 1999; and WHEREAS, there is no cash match required by the City. NOW THEREFORE BE IT DULY RESOLVED BY THE MA YORAND CITY 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, in the amount of $114,969.00, 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, lobacco 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 ~day of February , 1999lJ11! MAYOR ATTEST: APPROVED AS TO FORM & lANGUAGE & FOR EXECUTlOI.J At f~~ CITY CLERK F:\POLl\TECHSERVlPOLlCIES\COM_RESO\tabacco settlement contract.res.~ '/J:ZJf'tf :;ITY OF MIAMI BEACH ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 ttp:\\cLmiami-beach.f1. us COMMISSION MEMORANDUM NO. '19 -9'1 TO: Mayor Neisen O. Kasdin and Members of the City mmission DATE: February 3, 1999 FROM: Sergio Rodriguez City Manager SUBJECT: A RESOLU ON 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 RE(;ULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, IN THE AMOUNT OF $114,969.00, 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. BACKGROUND In 1998, the State of Florida settled its lawsuit with the Tobacco industry. Funds from the settlement have been given to the Department DfBusiness Regulation, Division of Alcoholic Beverages and Tobacco for the purposes of reducing the numbeI 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 Flee 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 DATE Ql F 2. -3- 91 AGENDA ITEM school age youth. Retailer compliance investigations are designed to determine whether vendors who are selling tobacco products ale 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 PIogram, is to enforce Florida's law relating to the underage possession of tobacco. The Tobacco Possession Enforcement ProgIam will be used to identifY and issue citations to youths in violation, thereby discouraging young people fIom 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 ProgIam 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 officeIs. This uncertainty should discouIage attempts by youth to illegally procure tobacco from Ietail vendors and result in reduced availability of tobacco products by underage persons. The ACr:S _ 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 affoIded 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 $114,969.00 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 June 30,1999. If both parties choose so, the programs can be renewed for more terms at six months each. There is no cash match required by the City. ANALYSIS 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, peIceived 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. CONCLUSION These funds will assist the Police Department in enforcing laws that will deter young people away from using tobacco products. S~S F:IPOLI\TECHSER V\POLICIES\COM_MEMOltabaceo settlement eonttact.mem.wpd ~.. 4Place a copy of this email i resolution completed. ~,: with the resolution and consider thiS'" Subject: Author: Date: Reply Separator Re: Resolution 99-23055 Dated 2/3/99 Item C7F MariaMartinez at C-R-PO 9/5/00 8:05 AM Bob: What happens now? What happens to the resolutions? please advise. Thanks Subject: Author: Date: Forward Header Re: Resolution 99-23055 Dated 2/3/99 Item C7F MichaelSomberg at C-H-PO 9/5/00 7:39 AM The agreements mentioned were never signed. The state notified us after the commission meeting that they were NOT going to fund the program at that time so the agreements never went into effect and are null and void. SUbject: Author: Date: Reply Separator Resolution 99-23055 Dated 2/3/99 Item C7F MariaMartinez at C-H-PO 9/1/2000 2:54 PM This is a follow up to Mr. Parcher's memo dated 2/18/99. Three agreements with the Department of Business and Professional Regulation Division of Alcoholic Beverages were forwarded to you for the appropriate signatures. Please return the documents to the City Clerk's Office to the attention of Mercy Williams. A fully executed copy will be forwarded to you for you files with a copy of the resolution. If you need more information, please call Mercy Williams or me at 673-7411. We appreciate your help. '1 " DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO AND City of Miomi R~ach Pnlirp Department CONTRACT FOR TOBACCO ENFORCEMENT (SC!100L PROXIMITY) CONTRACT NUMBER 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 City of Miami Beach Pol ice 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 tobaGco influence free zone around schools. The compliance investigations will be performed within close proximity of assigned schools and places where youti~ congregate, utilizing an underage operative to make controlled purchases of tccacco product,. 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 of the assigned schools and places where youth congregate. An underase 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 an Addendum to this contract. CONTRACT TERM AND CONSIDERATION: Contractual services may begin upon the date of full execution of this contract by DABT and the CONTRACTOR, and contractual services shall end no later than six months thereafter. CONTRACTOR will not be paid for any work completed before the full execution of the contract by CONTRACTOR and DABT, and neither this contract nor a renewal thereof shall extend beyond June 30, 1999. 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, 11/10/98 -- FINAL " travel, and report writing. For each Unit the total consideration shall include the overtime rate for officers multiplied by ten, plus one hour of supervisory overtime, each of which is 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. Other administratiVe costs will be considered for reimbursement, but will only be paid pursuant to a detailed invoice. 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 $653.81 (overtime rate times ten, plus one hour of supervisory overtime). The total consideration for the contract will also include any other fixed costs as set forth in the Cost Summary and supported by appropriate documentation. The total number of SPTE investigations (Units) to be conducted pursuant to this contract shall be 76 SPECIAL PROVISIONS 1. ADVERTISING I MEDIA INFORMATION: The CONTRACTOR agrees to . prior coordination with DABT of any advertising or media contact. 2. PROPRIET ARY 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 DA8T 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 DA8T, all the services described herein in a proper and satisfactory manner as determined by DABT in its reasonable sole discretion. 4. CONTRACT REQUIREMENTS: The CONTRACTOR is required to perform SPTE Investigations which are to include: 1) retail compliance investigations utilizing underage operatives andfor 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 an Addendum to this contract more fully and completely sets forth the overview and specifics relating to the SPTE Program. 11/10/98 -- FINAL 2 5. COSTS AND EXPENSES:Any law enforcement agenGY which furnishes equipment pursuant to this contract shall bear any loss or damage to such equipment and shall pay any expense incurred in its op'eration and maintenance. Therefore each agency shall be responsible for its own expenses incurred during the course of the 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 his designated supervisor. Responsibility for the condL:ct of DABT employees shail rest with the Director of DABT. . The negotiation and execution of this Gontract by DABT in Tallahassee is handled by the State Contract Manager. The CONTRACTOR will appoint an Agency Contract Coordinator for the duration of the contract who will ser.fe as DAST's primary point of contact with the CONTRAc. "'OR. 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 DAST District 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 Contract M2nager or the District Contract Administrator must be directed to the Head of the 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 resolve any problems which may arise. Any change in the Agency Contract Coordinator 11/10/98--FINAL 3 must be communicated to the DABT State Contract Manager and the District Contract Administrator in writing. DABT will notify the CONTRACTOR in writing of any change in the DAST State Contract 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 School Proximity investigation, reviewed for accuracy and signed by the appropriate CONTRACTOR supervisor and then sent via facsimile 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. Any additional reports created by and/or for the use of the CONTRACTOR shall also be provided to DAST 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 ens~re the equitable distribution of forfeited property, cash or prcceeds from the sale of forfeited property. The forfeiture and distribution of such property shall be PlJrsuant to Section 932.701, et seo., Florida Statutes. Forfeited pr:Jperty cr proceeds shall be distributed to the appropriate law enforcement agency or agencies that participated directly and substantially in any of the acts which lad 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 11/10/98--FINAL 4 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 Head of the Enfmcement Section of the Office of Tobaco Control and be supported by appropriate documentation such as receipts, invoice!? or affidavits. 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, with the attached Affidavit of Costs and its Statement of Work Addendum, constitutes 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 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, or addendum 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 eny delay or failure in performance under this contract or in;2rruption 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 extant such events are beyond the reasonable control of the party claiming excuse from iiability 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, 1999. 6. LIABILITY: Each agency shall bear the liability anslng 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 eq'Jal effect to volunteer and auxiliary employees. 11/10/98 -- FINAL 5 In no event, shall a participating agenGY 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 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 Slate Comptroller's Hotline, 1-800-848- 3792. B. Invoices with supporting documentation, shall be submitted by the CC:-JTRACTOR to DABT every month by d8!ivering same to t::e ;.:ead of the E~forcement 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 previous month, 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 w:thin 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 materiais subject to Chapter 119, Florida Statutes. 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. 11/10/98--FINAL 6 9. RENEWAL: This contract may be renewed on a six month basis for a period up to and including June 30, 1999. Renewals are contingent upon the satisfactory performance of the CONTRACTOR, as dete(mined 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. The renewal of this contract will be upon the same terms and conditions as contained herein. 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 and/or 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 ar.'} c:t:.~, expenses t::> l:e reimbursed by DABT. The District Contract Administrator shail r=c;w:;a ;::r~-::~~hcrj:;:aticn and pre-approval of said travel or expenses on a "State of Fiorida Autnoriza:icn 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 for any disputes arising out of this contract in Leon County, Florida. 14. OTHER EMPLOYMENT: The CONTRACTOR shall not engage the 11/10/98 -- FINAL 7 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. (This space left blank.) 11/10/98 -- FINAL 8 WITH THEIR SIGNATURES, the parties agree to all the provisions, special and general, and aIr other terms and conditions of this contract. STATE OF FLORIDA Henry P. Osborne Acting Secretary Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0750 Date (Signed by DBPR Signing Authority) 11/10/98 -- FINAL (Contractor Signature) (Print Name) (Title) (Agency Name) (Address) (State/Zip) (Phone) (Fax) Date (Signed by Contractor) 59-6000372 Federal Employer 1.0. Number APPROVED ~ TO FORM & LANGUAGE & FOR eXECUTION All /jtM-=- \I~' Cily Allorrwy 9 School Proximity Tobacco Enforcement - SPTE Statement of Work Contract Addendum 1. Program Overview The SPTE Program seeks to create a Tobacco Influence Free Zone around public and private elementary, middle and high schools throughout Florida. 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 Y, mile), of schools and in other areas with a high concentration of school age youth. Every day another 3000 people under the age of 18 start smoking. Peer pressure is one of the greatest motivators encouraging young people to begin 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. Known to be a gateway drug, tobacco use often results in other acts of rebellion by youth including experimentation with other drugs and crime. Retailer Compliance Investigations. Retailer 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 guidance of the 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. 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 Enforcement. 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 CONTRACTOR shall identify and issue citations to youth in violation, thereby discouraging young people from smoking. 2. Work Overview Funding for the SPTE Program comes from Florida's settlement with the tobacco industry. Agencies contracting with the Division of Alcoholic Beverages and Tobacco (DABT) to work the SPTE Program shall be reimbursed on a monthly basis according to the number of completed SPTE Units accomplished in a given month. A SPTE Unit consists of 10 dedicated man-hours and is broken down as follows: a two-person team working retailer compliance and/or tobacco possession investigations for 4 hours each, [2 officers X 4 hours each = 8.hours]; one additional hour is allotted per officer to cover preparation, travel and report writing time (PTR), [2 officers X 1 hour eac.h = 2 hours]; Eight (8) total investigation hours -I- two (2) PTR hours = ten (10) hours total per SPTE Work Unit. As an incentive regarding administration of the SPTE Program, any employee of the CONTRACTOR who serves on an overtime basis as the SPTE Program Supervisor or Coordinator, shall be allotted one (1) hour for each completed SPTE Unit supervised to be reimbursed at the employee's established rate of overtime. All established hourly rates shall be set forth in the Affidavit of Costs included in the contract package. In addition to hours worked, reasonable administrative costs, (typing, report tracking and invoice preparation), will be reimbursed to the CONTRACTOR pursuant to the terms of the contract. 3. 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 DA8T and approved by the Director of Enforcement for the Tobacco Pilot Program. For reimbursement purposes, the CONTRACTOR shall furnish to the DABT Dtstrict Contract Administratorthe names of its personnel who have been trained and who will be participating in the SPTE Program. 4. Site Selection The SPTE Program will be utilized 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 may make suggestions as to locations and such shall be considered by the DABT District Contract Administrator when granting approvals. As a courtesy, the CONTRACTOR shall attempt to notify the assigned School Resource Officer or the appropriate School Principal when working tobacco possession enforcement in close proximity to a particular school. CONTRACT COST SUMMARY DIVISION OF ALCOHOLIC BEVERAGES and TOBACCO Tobacco Pilot Program - Enforcement Section COMPENSATION WORKSHEET FOR COMPLETION OF CONTRACT SPTE - SCHOOL PROXIMITY TOBACCO ENFORCEMENT Retail Compliance Investigations City of ~Iiami 8each Pol ice Department (NOme of CONTRACTORj Breakdown of Costs and Expenses - Variable Unit Costs: Each Operation / Investigation 1 WORK UNIT = 1 WORK UNIT = 2 Officers/Deputies @ 4 hrs. Ea. = 8 hrs. 1 PTR' hr. Der Officer/DeDutv = 2 hrs. Total Man-hours per Work Unit = 10 hrs. 1 WORK UNIT= 10 Man-hours x 58.3~/hr. SPTE Supervision Cost (1 hr. Suprv. OfT per Unit) Administrative Costs (Clerical/Invoice prep. etc.) Subtotal (Contract Cost per WORK UNIT) (ADD Work Unit + Supr. Cost + Admin. Cost) Conduct~ Units x Contract Cost per Work Unit = $ 583.00 = $ 71.00 = $ 88.00 =$ 742.00 = $ 28,196.00 Fixed Contract Expenses: (if applicable) Training Expense (Manhr rate x _hrs x _Persons) = $ -0- Supplies / Evidence ( must specify in detail ) Other Expenses (specify) Funds to pay Investi9ative Aide to purchase tobacco = S products. $25 per unit for I.A. = $950; $3.25 per pack @ 2 Subtotal of Expenses packs per unit = $247. = $ TOTAL CONSIDERA TlON TO AGENCY (for Term of SPTE - Retail Compliance Investigations portion of Contract) = $ 'PTR hours = Preparation, Travel and Report writing (Figures have been rounded off) = $ -0- 1,197.00 1,197.00 29,393.00 CONTRACT COST SUMMARY DIVISION OF ALCOHOLIC BEVERAGES and TOBACCO Tobacco Pilot Program. Enforcement Section . COMPENSATION WORKSHEET FOR COMPLETION OF CONTRACT SPTE - SCHOOL PROXIMITY ENFORCEMENT PROGRAM Possession of Tobacco Products by Underage Persons City of Midmi Bedch Police Oepdrtment IN~me of CONTRACTOR) Breakdown of Costs and Expenses - Variable Unit Costs: Each Operation / lnvestigation 1 WORK UNlT = 1 WORK UNlT = 2 Officers/Deputies @ 4 hrs. ea. 1 PTR "hr. per Officer/Deputy Total Man-hours per Work Unit Fixed Contract Expenses: (if applicable) Training Expense (mnhr.rate x _hrs x _Persons) = $ Supplies / Evidence Expense (must specify in detail) Poloroid Film, Evidence Bag, Evidence tape 1 WORK UNIT = 10 Man.hours x 58.31 $/hr. SPTE Supervision Cost (1 hr. Suprv. arr per Unit) Administrative Costs (Clerical/Invoice prep. etc) Subtotal (Contract Cost per WORK UNIT) (ADD Work Unit +Suprv. Cost + Admin. Cost) . Conduct ~ Units x Contract Cost per Work Unit Other Expenses (specify) Subtotal of Expenses TOTAL CONSIDERA nON TO AGENCY (for Term of SPTE- Possession of Tobacco Products by Underage Persons portion of Contract) 'PTR hours = Preparation, Travel and Report writing (Figures have been rounded off) = Bhrs. = 2hrs. = 10 hrs. =$ 583.00 =$ 71. 00 =$ 88.00 = $ 742.00 = $ 28,196.00 -0- = $ 500.00 = S -0- = $ 500.00 = S 28,696.00 AFFIDAVIT OF COSTS The Division of Alcoholic Beverages and Tobacco, under the auspices of the Office of Tobacco Control, has entered into the preceding contract with the City of ~liami Beach Pol ice Dept. (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 ofS 58.31 per hour is standard for the officers to be employed in the implementation of this contract, and CONTR..t\.CTOR!AFFIANT further certifies that such rate includes the cost of benefits, payroll taxes and other mandatory payroll deductions. CONTRACTOR! AFFLA...1\iT also certifies that the overtime rate of S 711 71 per hour is standard for those officers who will supervise and oversee the implementation of this contract and that such rate is inclusive of the cost of benefits, payroll taxes and other mandatory payroll deductions. CONIRACTOR! 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 Cost Summary worksheet to be completed for each contract. Such costs are to be considered for reimbursement when invoiced. AFFIANT FURTHER SA YETH NAUGHT. S ignatur.e (Title) . , STATE OF FLORIDA COUNTY OF BEFORE ME, the undersigned authority, personally appeared who, being personally known or having provided as identification, after being duly sworn under oath, deposed and stated that the foregoing information is true and correct to the best ofhislher knowledge and belief. SWORN TO and SUBSCRIBED before me this 1998, in day of County, Florida. Notary Public, State of Florida at Large My Commission Expires: Printed or Typed Name of Notary Public 6/23/98 - FINAL DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO AND City of Miami Beach Police Department CONTRACT FOR TOBACCO ENFORCEME;NT (ACTS) CONTRACT NUMBER 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 City of Miami Rf'arh Pnl irp npr,rtment ,hereinafter referred to as the CONTRACTOR, to conduct Agents Combating Tobacco Sales ("ACTS") enforcement 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: ACTS Proqram: The ACTS Program provides for the placement of two person teams of law enforcement officers, with one officer posing as either an employee or a customer and the other observing from outside, in a retail location that sells tobacco products. If an underage person purchases or misrepresents their age in an attempt to purchase tobacco products, the law enforcement officers will issue a citation. In addition, the law enforcement officer wm train store employees in the proper method of checking identification for purchases of tobacco. The goal of the ACTS program is to create an environment in which underage persons are unsure as to whether or not the clerk from whom they are attempting to purchase is an officer, thereby reducing the opportunities for underage persons to purchase iilegal items. This program will primarily be utilized in close proximity to schools and may also be used in locations underage persons are likely to frequent. The ACTS Program is more fully discussed and explained in the Statement of Work attached as an Addendum to this contract. CONTRACT TERM AND CONSIDERATION: Contractual services may begin upon the date of full execution of this contract by DABT and the CONTRACTOR, and contractual services shall end no later than six months thereafter. CONTRACTOR will not be paid for any work completed before the full execution of the contract by CONTRACTOR and DABT, and neither this contract nor a renewal thereof shall extend beyond June 30, 1999. Each investigation conducted pursuant to this contract will be called a "Unit" of work and each Unit shall consist of six man-hours. Ofthe six man-hours included in each Unit, four hours (two for each offic~r) shall be. dedicated to on-site investigation, and two hours (one for each officer) shall be allowed for preparation, 11/10/98 -- FINAL travel, and report writing. For each Unit the total consideration shall include the overtime rate for officers multiplied by six, plus one hour of supervisory overtime, . each of which is 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. Other administrative costs will be considered for reimbursement, but will only be paid pursuant to a detailed invoice. 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 420.57 (overtime rate times six, plus one hour of supervisory overtime). The total consideration for the contract will also include any other fixed costs as set forth in the Cost Summary and supported by appropriate documentation. The total number of ACTS investigations (Units) to be conducted pursuant to this contract shall be 120 SPECIAL PROVISIONS 1. ADVERTISING I 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 other.vise restricted pursuant to state or federal law or regulation. Neither the CONTRACTOR nor any other crganization 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. 4. CONTRACT REQUIREMENTS: The CONTRACTOR is required to perform ACTS investigations which involve the placement of a law enforcement officer as either a customer or a second employee in a retail location that sells tobacco products, as part of DABT's enforcement effort relating to the purchase and possession of tobacco products by underage persons and as part of the general effort of the Enforcement Section of the Office of Tobacco Control to dissuade underage persons from purchasing or using tobacco produ':ts. The Statement of Work attached as an Addendum to this contract more fully and completely sets forth 11110198 -- FINAL 2 the overview and specifics relating to the ACTS 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. Therefore each agency shall be responsible for its own expenses incurred during the course of the investigation unless otherwise agreed upon in writing by both DAST 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 ACTS 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. Responsibilityfor the conduct of individual employees, agents, and/or operatives required to implement this contract will be with the CONTRACTOR'S ager.cy hezd or his designated sl;lpervisor. Responsibility for the conduct of DABT employees shall rest with the Director of DABT. The negotiation and execution of this contract by DABT in Tallahassee is handled by the State Contract Manager. The CONTRACTOR will appoint an Agency Contract Coordinator for the duration of the contract who will serve as DAST'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 DAST District 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 Contract Manager or the District Contract Administrator must be directed to the Head of the 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 resolve 11/10/98 .- FINAL 3 any problems which may arise. Any change in the Agency Contract Coordinator must be communicated to the DABT State Contract Manager and the District . Contract Administrator in writing. DABT will notify the CONTRACTOR in writing of any change in the DABT State Contract Manager or the District Contract Administrator. 7. INVESTIGATIVE REPORTS: I ne 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 ACTS investigation, reviewed for accuracy and signed by the appropriate CONTRACTOR supervisor and then sent via facsimile to DAST'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. Any additional reports created by and/odor the use of the CONTRACTOR shall also be provided to DABT upon submission of an invoice. 8. 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 of forfeited property. The forfeiture and distribution of such property shall be pursuant to Section 932.701, et sea., Florida Statutes. Forfeited property or proceeds shall be distributed to the appropriate law enforcement agency or agencies that participated directly and substantially in any ofthe acts which led to the seizure or forfeiture of such property or cash. It i3 agraed that the peice..~2ge of any p~oceeds from forfeited property or the value of property retainec 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 Head of the Enforcement Section of the Office of Tobacco Control and be supported 11/10/98 -. FINAL 4 by appropriate documentation such as receipts, invoiGes or affidavits. 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, with the attached Affidavit of Costs end its Statement of 'Work Addendum, constitutes 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 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, or addendum 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 indirectfyfrom 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 cor.t~ol 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, 1999. 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 11/10/98--FINAL 5 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 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, shall be submitted by the CONTRACTOR to DABT every month by delivering same to the Head 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 previeus month, such that all work is invoiced fer payment within 30 days of its completion. A final invoice for all work com;Jleted 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. 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 attorneys' 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: This contract may be renewed on a six month basis for a period up to and including June 30, 1999. Renewals are contingent upon the 11/10/98 -- FINAL 6 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 ex-piring contract term. The renewal of this contract will be upon the same terms and conditions as contained herein. 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 and/or vehicle expense are the responsibility of the CONTRACTOR, however, extraordinary travel, that is travel outside of the county, will be compensated in accord 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 for any disputes arising out of this contract in Leon County, Florida. 14. OTHER EMPLOYMENT: The COi'ITRACTOR shall not engage the services of any person or persons now employed by the State of Florida, including 11/10/98.- FINAL 7 _ DABT or a 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. (This space left blank.) . 11/10/98 -- FINAL 8 WITH THEIR SIGNATURES, the parties agree to all the provisions, special and general, and all other terms and conditions of this contract. STATE OF FLORIDA Henry P. Osborne Acting Secretary Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0750 Date (Signed by OBPR Signing Authority) , 11/10/98 -. FINAL (Contractor Signature) (Print Name) (Title) (Agency Name) (Address) (State/Zip) (Phone) (Fax) Date (Signed by Contractor) 59-6000372 Federal Employer 1.0. Number ,APPROVED AS TO FORM & lANGUAGE & FOR EXECUTION /JJ.jctl~ 9 '/l--7/Q9 Q",.,. Agents Combating Tobacco Sales - ACTS Statement of Work Contract Addendum 1. Program Overview The Acts Program places law enforcement officers in retail establishments which sell tobacco products, posing as either store employees or customers. Officers 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 Program calls for teams of two officers. One officer shall work inside the store and the other will work outside the premises. The outside officer should be positioned to observe the activities inside the store and be available to offer assistance in enforcement actions taken by the inside officer. The outside officer will also be in a position to observe potential risks to the safety of detail officers, to identify potential violators, and to observe and take action on tobacco violations which occur outside the premises. In such cases, the officer working inside the premises will be available to render any necessary assistance to the outside officer. 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 eaubt 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 to underage persons. 2. Work Overview Funding for the ACTS Program comes from Florida's settlement with 'the tobacco industry. Agencies contracting with the Division of Alcoholic Beverages and Tobacco (DABT) to work the ACTS Program shall be reimbursed on a monthly basis according to the number of completed ACTS Units accomplished in a given month. An ACTS Unit consists of six (6) dedicated man-hours and is broken down as follows: a 2-person team on location at an approved retail site for 2 hours, [2 officers X 2 hours each = 4 hours]; one (1) additional hour is allotted per officer to cover preparation, travel and report writing time (PTR). [2 officers X 1 hour each = 2 hours]; Four (4) total inv"estigation hours + two (2) PTR hours = six (6) hours total per ACTS Work Unit. As an incentive regarding administration of the ACTS Program any employee of the CONTRACTOR who serves on an overtime basis as the ACTS Program Supervisor or Coordinator, shalf be allotted one (1) hour of compensated time for each completed ACTS Unit supervised. and shall be reimbursed at the employee's established rate of overtime. All established hourly rates shall be set forth in the Affidavit of Costs included in the contract package. In addition to hours worked, reasonable administrative costs, (typing, report tracking and invoice preparation). will be reimbursed to the CONTRACTOR pursuant to the terms of the contract. 3. 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 approved by the Director of Enforcement for the Tobacco Pilot Program, For reimbursement purposes, the CONTRACTOR shall furnish to the DABT District Contract Administratorthe names of its personnel who have been trained and who will be participating in the ACTS Program, 4. Site Selection The Acts Program will be utilized in retail locations within close proximity to schools and at locations where young people are known to congregate and/or purchase tobacco p~oducts. The DABT District Contract Administratorwill approve the sites for the Program and will secure any necessary authorization to be in the store. The CONTRACTOR may only perform services under this contract at locations authorized by the DABT District Contract Administrator. The CONTRACTOR may make suggestions as to locations and such shall be considered by the DABT District Contract Administrator when granting approvals. CONTRACT COST SUMMARY DIVISION OF ALCOHOLIC BEVERAGES and TOBACCO Tobacco Pilot Program - Enforcement Section COMPENSATION WORKSHEET FOR COMPLET'ION OF CONTRACT ACTS- Agents Combating Tobacco Sales Ci ty of Miami Beach Pol ice Department [Name of CONTPACTORI Breakdown of Costs and Exoenses - Variable Unit Costs: Each Operation / Investigation = 1 WORK UNIT 1 WORK UNIT = 2 Officers/Deputies @ 2 hrs ea. 1 PTR" hr. oer Officer/Deoutv Total Man-hours per Work Unit = 4 hrs. = 2 hrs. =6 hrs. 1 WORK UNIT = 6 Man-hours x 58.31 $/hr. = $ 350.00 ACTS Supervision Cost (1 hr. Suprv. OfT per Unit) = $ 71.00 Administrative Costs (Clerical/Invoice prep. etc.) = $ 53.00 Subtotal ( Contract Cost per WORK UNIT) = $ (Add Work Unit + Supr. Cost + Admin. Cost) 474.00 Conduct 120 Units x Contract Cost per Work Unit = $ 56,880.00 Fixed Contract Expenses: (if applicable) Training Expense (mnhr.rate x _hrs x _Persons) = S -0- Supplies / Evidence Expense ( must specify in detail ) =$ -0- = $ -0- =$ -0- , Other Expenses (specify) Subtotal of Expenses TOTAL CONSIDERA TfON TO AGENCY (for Term of ACTS Program Contract) = .$ 56,880.00 "PTR hours = Preparation, Travel and Report writing. (Fiqures have been rounded off) AFFIDAVIT OF COSTS The Division of Alcoholic Beverages and Tobacco, under the auspices of the Office of Tobacco Control, has entered into the preceding contract with the City of Miami Beach Police Dept. (CONTRACTORJAFFIANT)t~pl"Ovidefol"theenforcement 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!AFFIAt'lT hereby certifies that the overtime rate ofS 58.31 per hour is standard for the officers to be employed in the implementation of this contract, and CONTR!\CTOR!AFFIANT further certifies that such rate includes the cost of benefits, payroll taxes and other mandatory payroll deductions. CONTRACTOR! AFFL<\l'lT also certifies that the overtime rate of S 70.71 per hour is standard for those officers who will supervise and oversee the implementation of this 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 Cost Summary worksheet to be completed for each contract. Such costs are to be considered for reimbursement when invoiced. AFFLAu.'iT FURTHER SAYETH NAUGHT. Signature (Title) . STATE OF FLORIDA COlfl\lTI OF BEFORE ME, the undersigned authority, personally appeared who, being personally known or having provided as identification, after being duly sworn under oath, deposed and stated that the foregoing information is true and correct to the best of hislher knowledge and belief. SWOR1"1 TO and SUBSCRIBED before me this 1998, in day.of County, Florida. Notary Public, State of Florida at Large ~A. My Commission Expir~s: Printed or Typed Name of Notary Public 6/23/98 - FINAL