DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO/CONTRACT FOR TOBACCO ENFORCEMENT (SCHOOL PROXIMITY)
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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO AND
CITY OF CLEARWATER. FLORIDA
CONTRACT FOR TOBACCO ENFORCEMENT (SCHOOL PROXIMITY)
CONTRACT NUMBER
The Department of Business and Professional Regulation, Division of
Alcoholic Beverages and Tobacco ("DABTn) 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 CLEARWATER, FLORIDA . hereinafter referred to as the
CONTRACTOR, to conduct School Proximity Tobacco Enforcement (I&SPTEn)
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 piaces 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
of the 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 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 I&Unitn
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
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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
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 $345.25 (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 70
SPECIAL PROVISIONS
1. ADVERTISING / 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 othelWise 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 CABT,
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 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 an Addendum to this contract
more fully and completely sets forth the overview and specifics relating to the SPTE
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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
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 or alcohol 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 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 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
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 Director of
Enforcement for the Tobacco Pilot Program 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
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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 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 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 of forfeited 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
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, DABrs performance and obligation to pay under this contract is
contingent upon an appropriation by the Florida Legislature.
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2. AUDIT: All Invoices shall be submitted by the CONTRACTOR to DABT
with sufficient detail for a proper pre-audit or post-audlt. Any costs Included on the
Cost Summary which are not Included In the Unit cost shall be pre-approved by the
Director of Enforcement for the Tobacco Pilot Program and be supported by
appropriate documentation such as receipts, Invoices 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 any delay or failure in performance under this Agreement 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,
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
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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 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 State Comptroller's Hotline, 1-800-848-
3792.
B. Invoices with supporting documentation, shall be submitted by the
CONTRACTOR to DABT monthly by delivering same to the Director of Enforcement
of the Tobacco Pilot Program at 1940 North Monroe Street, Tallahassee, Florida
32399-1024. The regular monthly submission of invoices and supporting
documentation is required. 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, Florid!, 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.
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 determined by DABT, and are
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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 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 EMPLOYME"T: 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.
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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.)
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In witness whereof, the parties hereto have set their hands and seals on the date
first above written.
Approved as to form:
JJ
CITY OF CLEARWATER, FLORIDA
By:
Mi ael J. Roberto, City Manager
Attest:
~~ad~~
fAJ Cyn Goudeau - -
D City Clerk
STATE OF FLORIDA
Richard T. Farrell
Secretary
Department of Business and
Professional Regulation
1940 North Monroe Street
Tallahassee, Florida 32399-0750
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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
L
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Richard T. Farrell
Secretary
Department of Business and
Professional Regulation
1940 North Monroe Street
Tallahassee, Florida 32399-0750
(Contractor Signature)
(Print Name) Mi c-h;ipl .J. Rnhprtn
(Title) Ci tv Manager
(Agency Name) City of Clearwater, FL
(Address) P.o. Box 4748
Clearwater
(StatelZip) Florida 33758-4748
(Phone) (727) 562-4040
(Fax) (727) 562-4052
Date (Signed by DBPR Signing
Authority)
Date (Signed by Contractor)
596000289
Federal Employer I.D. Number
Florida Corporation Registration
Number
(II AppIlc:able)
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The Division of Alcoholic Beverages and Tobacco, uqder the auspices of the Tobacco
Pilot Program, has entered into the preceding contract with C1ty of Clearw~ter, FL
(CONTRACTOR/ AFFIANO 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 $ 30. 76 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 $ 37.65 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.
AFFIANT FURTIIER SA YETII NAUGHT. _~
Signature
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(fitle) City Manager
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared M / Ct{ If t l. 7. R 013 eero
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.J-:je this 111 day of ~
1998, in ~ 7J ?-e. . ~ flLo..a J County, Florida.
Q ~.~
Notary ~tate of Florida at Large
My Commission Expires:
Printed or Typed Name of Notary Public
.....~'( 1't/6' CAROLYN L. BR;NK
~:&'6 CO..~MISSION' CC <463040
~ s EXPIRES tJ.AV 22.1999
~ ~ BONDED TllRU
-'t"Of ~'i$ A11AWTlC BONDING co., INC.
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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
CIIT OF CLEARWATER. FLORIDA
[Name of CONTRACTOR]
Breakdown of Costs and Ex.penses -
Variable Unit Costs :
Each Operation / Investigation
1 WORK UNIT
= 1 WORK UNIT
= 2 Officers/Deputies @ 4 hrs. ea. = 8 hrs.
1 PTR* hr. per Officer/Deputy = 2 hrs.
Total Man-hours per Work Unit = 10 hrs.
1 WORK UNIT= 10 Man-hours x 30.76 $/hr. = $
307. 60
SPTE Supervision Cost (1 hr. Suprv. OfT per Unit) = $
37.65
45.30
Administrative Costs (Clerical/Invoice prep. etc.) = $
Subtotal
(Contract Cost per WORK UNIT)
= $
390.55
Conduct ~ Units x Contract Cost per Work Unit = $
27,338.50
Fixed Contract Expenses: (if applicable)
Training Expense (mnhr.rate x Lhrs x -1-Persons) = $
Supplies / Evidence ( must specify in detail )
307.60
Other Expenses (specify)
=$
= $
Subtotal of Expenses
= $ 307.60
TOTAL CONSIDERA TION TO AGENCY
(for Term of SPTE - Retail Compliance
Investigations portion of Contract)
*PTR hours = Preparation, Travel and Report writing
= $ 27,646.10