REVISED COPY OF AGREEMENT DIVISION OF ALCOHLIC BEVERAGES AND TOBACCO
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CITY OF CLEARWATER
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
CLEARWATER POLICE DEPARTME:\T, 645 PIERCE STREET, CLEARWATER, FLORIDA 33756
TELEPHO:\E (727) 562-4336
OFFICE OF THE CHIEF
OF POLICE
RECEIVED
OCT 1 7 2000
CITY CLERK DEPARTMENT
October 16, 2000
C. Yvonne Taylor
State Contracts Manager
Department of Business and Professional Regulation
Office of Tobacco Control-Enforcement
1940 N. Monroe Street
Tallahassee, FL 32399-1024
RE: Clearwater SPTE Contract
Dear Ms. Taylor:
Enclosed please find the revised copy of Clearwater's School Proximity Tobacco
Enforcement Contract that reflects the new contract number. City Manager
William B. Horne, II has initialed the revised contract in all spaces as indicated by
your office.
Sincerely,
~~h~
Assistant Grants Manager
Enclosure
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DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION
Jeb Busb, Governor
Kim Binkley-Seyer, Secretllry
October 4, 2000
William B. Home, II
City Manager
City of Clearwater
P.O. Box 4748
Clearwater, Florida 33758
Dear Mr. Home
On September 26, 2000, the Office of Tobacco Control-Enforcement awarded a School Proximity
Tobacco Enforcement Contract to the City of Clearwater Police Department under contract # 00-
00133-00. This contract is still in effect. However, the contract number has been changed to 00-
00204-00. Please initial the contract where indicated and return the contract to the following address:
Department of Business and Professional Regulation
Office of Tobacco Control-Enforcement
1940 N. Monroe Street
Tallahassee, Florida 32399-1024
We apologize for any inconvenience that this change may have caused you. If I may be of further
assistance, please contact me at (850) 413-0850. Thank you for your time and attention to this matter.
Sincerely, ~
Ci '(1/G7/-"~~
C. Ykonne f;~
State Contracts Manager
Enc1: Clearwater SPTE Contract
OffIce of Tobacco Control - Enforcement
Division of Alcoholic Beverages and Tobacco
1940 N. Monroe Street
Tallahas..., Florida 32399.1024
Telephone (850) 413.Q850, SC 291-4292, Fax (850) 921-4292
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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
CONTRACT FOR SCHOOL PROXIMITY TOBACCO ENFORCEMENT
CONTRACT NUMBER 90,,(;)9133--90 t) () - 00 :1 0 'i - 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
CLEARWATER 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 an Addendum to this contract.
CONTRACT TERM AND CONSIDERATION: Contractual services will begin on
July 1, 2000 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 December 31, 2000, whichever comes first. CONTRACTOR WILL NOT BE
PAID FOR ANY WORK COMPLETED BEFORE THE FULL EXECUTION OF THE
CONTRACT BY CONTRACTOR AND DABT.
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CONTRACT #00-00133-00 CC - OC ')..C ~ -00
CLEARWATER POLICE DEPARTMENT
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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 _$368.45_ (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 _34_.
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 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.
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CONTRACT # 00-00 1 ~~-OO 00 ,. 0 OlOY -c 0
CLEARWATER POLICE DEPARTMENT
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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 an Addendum 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
DABT.
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
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CONTRACT # 00-00133-00 ,~~ "00 'lOY.-QC
CLEARWATER POLICE DEPARTMENT
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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
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 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 andlor 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
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CONTRACT # 00-00133-00 Ce. 00 ~o 4 -00
CLEARWATER POLICE DEPARTMENT
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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.
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 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
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CONTRACT # 00-00133-00 cC - 00 ~o 4 -CO
CLEARWATER POLICE DEPARTMENT
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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
December 31, 2000.
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
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
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CONTRACT # 00-00133-00 vO'. CQ)..Q y -aD
CLEARWATER POLICE DEPARTMENT
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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
six-month basis for a period of up to six-months after the initial contract term.
Renewals are contingent upon satisfactory performance of the CONTRACTOR, as
determined by DABT, and are subject to the availability of funds. Both 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.
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
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CONTRACT #'00-00133-00 CC --OO~O i -00-
CLEARWATER POLICE DEPARTMENT
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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.
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CONTRACT # 00-00133-00 00 - 00 J.c i' 00
CLEARWATER POLICE DEPARTMENT
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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, # ee 99133 99. Florida
law governs this contract. 00 - 0 D ). 04 -00 ~
STATE OF FLORIDA
C~tUtt tf 13wJ-
Cynthi . Henderson
Secretary
Department of Business and
Professional Regulation
1940 North Monroe Street
Tallahassee, Florida 32399-0750
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DBPR Signing
tfk~-~~
(Contractor Signature)
(Print Name) William B. Horne, I I
(Title) Ci ty Manager
(Agency Name) Ci ty of Clearwa ter Police De
(Address) P.o. Box 4748
Clearwater
(StatelZip)
(Phone)
(Fax)
Florida 33758
727-562-4040
727-562-4052
il-/l.-DO
Date (Signed by Contractor)
59-6000289
Federal Employer I.D. Number
w~
J. Ol1
CONTRACT # 00-00133-00 00 - CO). 0 1 - v
CLEARWATER POLICE DEPARTMENT
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School Proximity Tobacco Enforcement - SPTE
Statement of Work Addendum
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 % 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
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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 Preoaration. Travel and Reoort Writina
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.
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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 supelVisor 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 andlor approved by the Administrator of the Office of Tobacco Control -
Enforcement. The required training is mandatory for participation in SPTE CONTRACT
work activities.
A-3
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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)
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CONTRACT COST SUMMARY
OFFICE OF TOBACCO CONTROL - ENFORCEMENT
SCHOOL PROXIMITY TOBACCO ENFORCEMENT (SPTE)
CLEARWATER POLICE DEPARTMENT
(CONTRACTOR Name)
Variable Contract Expenses:
Each investigation = 1 WORK UNIT
1 WORK UNIT =2 officers @ 4 hours each onsite
2 officers @ 1 hour Preparation. Travel and Report Writina
Total officer hours per WORK UNIT
= 8 hours
= 2 hours
=10 hours
1. 1 WORK UNIT = 10 officer hours x $_31.41_per hour
=$ 314.10
2. SUPERVISION COST = 1 Supervising Officer @ 1 overtime hour each
= $ 49.35
= $ 5.00
= $ 368.45
3. CLERICAL COST
4. TOTAL WORK UNIT COST (sum lines 1,2,3)
5. TOTAL VARIABLE CONTRACT EXPENSES:
L Retail Compliance investigations + _34_ Possession investigations) x
total work unit cost (line 4)
= $ 12.527.30
Fixed Contract Expenses:
6. TRAINING EXPENSE = $_31.41_overtime rate x ---2- hours x _30_ Officers = $ 1.884.60
7. OTHER EXPENSES - Specify and attach supporting documentation.
INVESTIGATIVE AIDE- $25 X 5= $125
EVIDENCE AND INFORMATION= $100
SUPPLIES - $200
= $ 425.00
= $ 2.309.60
= $ 14.836.90
8. TOTAL FIXED CONTRACT EXPENSES (sum lines 6 and 7)
9. TOTAL CONSIDERATION: for SPTE (sum lines 5 and 8)
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AFF'IDA VIT OF COSTS 'I
.
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 Clearwater Police Department (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 $ 31.41 . 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. CONTRACfOR/ AFFIANT also certifies that the
overtime rate of $ 49.35 ' per hour is standard for those officers who will supervisc..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 S"mm~ to be completed for each contract. Such costs are to be considered for
reimbursement when invoiced.
AFFIANT FURTHER SAYETII NAUGHT.
~~.~
Signature
(Title) City Manager
STATE OF FLORIDA
COUNTY OF Pinellas
BEFORE ME, the UDdersigned authority, pemonally appeared;).JlA ~~ ~
who, bein&:]5eIsonallV knoW1U>r having provid~ as
identification, after being duly swom under oath, deposed and stated that the foregoing
information is true and correct to the best ofbislher knowledge and belief.
Al>>,ORN TO lI!I!l stlBSCRlBEJjl b~~ me Ibis / ~ day o' ~-t;. W 2000,
in r.;.J!.L f)l:JJ .In) LJL ,J:.UY,J:,11. ()~ Cowty, ~
f\"AJ1~?{l )J~
~~ Public, tate of Florida at Large
My Commission Expires: t h /JCtJ4
/ I
])P,JJ'(~.e) A. /Jl'VlJ
Printed or Typed Name of Notary Public
/if.-.~'f~~. ' Denise A Wilson
tr~'\:~ MY COMMISSION # CC914107 EXPIRES
~.~'~',9'; June 18, 2004
'-!;fp.f.:~~'f.'" BONDED THRU TROY fAIN INSURANC~ INC.
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SCHOOL PROXJPTTY TOBACCO POSSESSION ENFORCEMENT ACTIVITY LOG . .
I-! IE OF LAW ENFORCEMENT A1 .C"
DCA Approved: Date:
.
.
DAY: M T W Th F S Su DATE: HOURS: to
PROFILE: plain-clothes, uniform, combination VEmCLE: unmarked, bicycle, marked cruiser, foot patrol, other
OFFICERS:
#1 NAME:
#1. NAME:
#3 NAME:
#4 NAME:
to
to
to
to
HOURS
HOURS
HOURS
HOURS
ID#
ID#
ID#
ID#
TARGETS: AREA #1 SCHOOL NAME:
LEVEL: elementary, middle, senior, other STAFF NOTIFIED: Y N # CITATIONS
AREA #1. SCHOOL NAME:
LEVEL: elementary, middle, senior, other STAFF NOTIFIED: Y N # CITATIONS
AREA #3 SCHOOL NAME:
LEVEL: elementary, middle, senior, other STAFF NOTIFIED: Y N # CITATIONS
AREA #4 SCHOOL NAME:
LEVEL: elementary, middle, senior, other STAFF NOTIFIED: Y N # CITATIONS
NUMBER: TOBACCO CITATIONS
TOBACCO ARRESTS
ALCOHOL ARRESTS
OTHER CITATIONS
OTHER ARRESTS
TOBACCO SOURCE LOCATION I ADDRESS IN POSSESSION OF CHARGED? FAKE m USED TO PURCE
FAKE ID? (YIN) (YIN) TOBACCO PRODUcr? (
1
1.
3
4
5
6
REMARKS:
SIGNATURES:
OFC. #1
OFC. #1.
OFC. #3
OFC. #4
REVIEWING SUPERVISOR
ID#
PRINTED NAME OF REVIEWING SUPERVISOR
ATTACH THIS FORM TO INVOICE & FORWARD TO: (DCA NAME), (DCA ADDRESSIFAX ETC.)
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RETAIL COMPLIANCE ACTIVITY LOG
1_ ME OF LAW ENFORCEMENT Af "
DCA Approved: Date:
DAY: M T W Th F S Su DATE: HOURS: to
~STIGATIVE AIDE INITIALS OR ID # DOB:
OFFICERS: #1 NAME: ID# HOURS to
#2 NAME: ID# HOURS to
#3 NAME: ID# HOURS to
#4 NAME: ID# HOURS to
BUSINESS NAME & ADDRESS SIGN PURCHASE? IF PURCHASE MADE,
POSTED? CASE # & TOBACCO
(YIN) PERMIT#
1 YES NO ,
2 YES NO
3 YES- NO
4 YES NO
5 YES NO
6 YES NO
7 YES NO
8 YES NO
9 YES NO
10 YES NO
11 YES NO
12 YES NO
13 YES NO
14 YES NO
15 YES NO
.SIGN STATING UNLAWFUL TO SELL TO ANYONE UNDER 18 YOA
REMARKS:
NUMBER: TOBACCO CITATIONS
TOBACCO ARRESTS
SIGNATURES: OFC. #1
OFC. #3
ALCOHOL ARRESTS
OTHER ARRESTS
OFC. #1.
OFC. #4
ID#
REVIEWING SUPERVISOR
, PRINTED NAME OF REVIEWING SUPERVISOR
ATrACK THIS FORM TO INVOICE & FORWARD TO: (DCA NAME),(DCA ADDRESSIFAX ETC.)
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":: .~'
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INVOICE FOR SERVICES RENDERED
STATE OF FLORIDA: TOBACCO PILOT PROGRAM - ENFORCEMENT
I
DELIVER INVOICE WITH ACTIVITY LOGS ATIACHED TO:
DCA Name:
Address:
Phone Number:
Fax Number:
CONTRACT NUMBER INVOICE DATE AGENCY PHONE NO. & CONTACT NAME: INVOICE NUMBER:
CONTRACT PERIOD ACTIVITY DESCRIPTION QUANTITY PRICE EXTENSION
FROM I TO FROM I TO
.
OFFICER WORK UNITS - POSSESSION
OFFICER WORK UNITS - COMPLIANCE
SUPERVISION -1 HOUR OT/UNIT
CLERICAL
TRAINING EXPENSE
OTHER EXPENSE (SPECIFY & PROVIDE
REQUIRED DOCUMENTATION)
,
QCA Approved:'
ORGANIZATION CODE: 79-40-01-06-000
Date:
, .\I( ~
OBJECT CODE:13131:!
-
~
-
, "
" --
.' -
. "
t{
'1
'-.kl \.. ',- .
INVOICE FOR SERVICES RENDERED
STATE OF FLORIDA: TOBACCO PILOT PROGRAM - ENFORCEMENT .
DEUVER INVOICE WITH ACTIVITY LOGS AnACHED TO:
DCA Nam.:
Address:
Phone Number:
Fax Number:
FINAL INVOICE
CONTRACT NUMBER INVOICE DATE AGENCY PHONE NO. & CONTACT NAME : INVOICE NUMBER :
.
CONTRACT PERIOD ACTIVITY DESCRIPTION QUANTITY PRICE EXTENSION
FROM I TO FROM I TO
OFFICER WORK UNITS - POSSESSION
OFFICER WORK UNITS - COMPLIANCE
SUPERVISION -1 HOUR OTIUNIT
CLERICAL
TRAINING EXPENSE
OTHER EXPENSE (SPECIFY & PROVIDE .
REQUIRED DOCUMENTATION)
DCA Approved: .
ORGANIZATION CODE: 79-40-01-06-000
Date:
"
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psmer CODE:131312