Loading...
HomeMy WebLinkAboutReso 2000-197 RESOLUTION NO. 2000- \ 91'- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR AND ACCEPT A GRANT FROM THE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO ("DABT") TO, AMONG OTHER THINGS, CONDUCT SCHOOL PROXIMITY TOBACCO ENFORCEMENT INVESTIGATIONS, ALL IN ACCORDANCE WITH THE CONTRACT ATTACHED AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ANY ACTION NECESSARY WITH RESPECT TO THE OBTAINING AND DISTRIBUTION OF GRANT MONIES AS APPROPRIATE WITHOUT FURTHER APPROVAL OF THIS COMMISSION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Chief of Police has requested the City Manager to apply for and receive a grant from the Department of Business and Professional Regulation Division of Alcoholic Beverages and Tobacco in an effort to reduce the availability of tobacco products to under-age persons; and WHEREAS, the City Commission wishes to grant the Manager and/or his designee any authorization necessary to apply for and distribute such grant monies as appropriate; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: 1. The City Manager and/or his designee is hereby authorized to apply for a grant from the Department of Business and Professional Regulation Division of Alcoholic Beverages and Tobacco in accordance with that certain contract for school proximity tobacco enforcement, Contract No. 99-00096-00, in accordance with the materials attached hereto as Exhibit "A". 2. The City Manager and/or his designee, is hereby authorized to take any action necessary to obtain and to distribute such grant monies, as appropriate, without further approval of this Commission. 3. This Resolution will become effective upon adoption. ATTEST: ~~ ~ . · I'L..-.A ~ Richard Brown-Morilla, City Clerk R2000-197 DABT Grant Application Approval LMD:ch 2/14/00 -- 11:27 AM 1 APPROVED AS TO FORM AND LEGAL SUFFICIENCY VOTE: ~-O Mayor Samson Vice Mayor Morrow Commissioner Iglesias Commissioner Kauffman Commissioner Turetsky R2000-197 DABT Grant Application Approval LMD:ch 2/14/00 -- 11 :27 AM Moved by: Seconded by: \J~\c..Q.. t./{Yes) t/ (Yes) V (Yes) V (Yes) t/ (Yes) (No) (No) (No) (No) (No) 2 " ~ ( ( (r DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO The City of Sunny Isles Beach Police Dept.' CONTRACT FOR SCHOOL PROXIMITY TOBACCO ENFORCEMENT CONTRACT NUMBER~DOq~-OD 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 The City of Sunny Isles Beach Police Dept., 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 (i 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 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 will begin upon the date of full execution of this contract by DABT and the CONTRACTOR, and contractual services shall end when the work is complete or no later than June 30, 2000, whichever comes first. CONTRACTOR WILL NOT BE PAID FOR ANY WORK COMPLETED BEFORE THE FULL EXECUTION OF THE CONTRACT BY CONTRACTOR AND DABT. Neither this contract nor a renewal thereof shall extend beyond June 30, 2000. 1 \ . \ ( 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 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 $355.39 (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 ~. 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 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. 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 2 ( 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 p~r.sonnel, 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 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 3 ( 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 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 SPTE investigation, revje~E!d 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. Failure to submit properly completed Activity Logs with the appropriate invoice will result in delay or non- payment of 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. 4 ( GENERAL PROVISIONS 1. APPROPRIATION: In accordance with Sections 216.311 and 287.0582, Florida Statutes, DABrs performance and obligation to pay under this contr~t 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 tlie 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 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, 2000. 6. LIABILITY: Each agency shall bear the liability arising from aets 5 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 every month by delivering same to the Administrator of the Enforcement Section of the Office of Tobacco Control at 1940 North Monroe Street, Tallahassee, Florida 32399-1024. Each invoice MUST be inclusive of all work completed during the billing period, such that all work is invoiced for payment within 30 days of its completion. A final invoice for all work completed pursuant to this contract MUST be submitted within 30 days of the expiration of the contract period. Payment is due within forty (40) days after receipt of each invoice. No advance payments are authorized by this contract. 6 8. PUBLIC DOCUMENTS: Pursuant to Section 287.058, Florida Sta!utes, 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 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 for a p~rjod up to and including June 30, 2000. Renewals are contingent upon the satisfactory performance of the CONTRACTOR, as determined by DABT, and are subject to the availability of funds. To renew the contract, the parties must execute a written renewal agreement prior to the end of the expiring contract term. The renewal of this contract will be upon the same terms and conditions as contained herein. 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 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. 7 .~- ( 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. (This space left blank.) .. 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 ~~Ld r&f/ir Cyn ia Henderson Secretary Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0750 ) {)-jtj-Cfr Date (Signed by DBPR Signing Authority) .. ~~.~ (Contractor Signature) (Print Name) Fred Maas (Title) Chief (Agency Name) Sunny Isles Beach (Address) 17070 Collins Ave /J2 '55 (State/Zip) (Phone) (Fax) Florida, 33160 305-947-4440 305-947-4680 11-5-1999 Date (Signed by Contractor) 23 0Q.~4771J1 54e- '6 07 ct~6 tf7 Federal Employer 1.0. Number ~ FElD-:il -hb~~ 9 AF~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 cqptract with the Sunny Isles Beach 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 $ 31.64 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 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 $ ii qq per hour is standard for those officers who will supervise and oversee the implementation of the contract and that such rate is inclusive of the cost of benefits, payroll taxes and other mandatory payroll deductions. CONTRACTORJ AFFIANT also attests to the accuracy of any other costs to be considered for reimbursement, which shall be specified and set forth separately on the Contract Cost Summary to be completed for each contract. Such costs are to be considered for reimbursement when invoiced. AFFIANT FURTHER SAYETH NAUGHT. ~O~ Signature (Title) Chief of Police STATE OF FLORIDA COUNTY OF DADE BEFORE ME the undersigned authority, personally appeared Fred Maas who, be' ersonally known or ving provided identification, a er emg uly sworn under oath, deposed and stated that the information is true and correct to the best of his /her knowledge and belief. as foregoing ... S SWORN TO and SUBSCRIBED before me this in (.)/lIlY (s /~ 8~QsJ. b-4-tJ~ o day of fJu i/eFYl~e~ 1999, County, Florida. /1~~ Notary Public, State ofF orida 'at Large ;J JhU IV ( ~. /1tt Printed or Typed Name of Notary Pub 'c r"'-' OmCALNO'fA:';:~"\. I MlJR...... My Commis$R81 . '.:'" 'I,,' " 4 cOMMlSSlON i....::. ,':O:!:i,'/59 _, v COMMISSION K,(~:. I'M", bJOO3 :....'. -- _ .:.>_.c.,._....~ (~NTRACT COST SUMMA(,,"~ OFFICE OF TOBACCO CONTROL - ENFORCEMENT SCHOOL PROXIMITY TOBACCO ENFORCEMENT (SPTE) Sunny Isles Beach Police D~artrnent (Contractor Name) Variable Contract Expenses: Each operation = 1 WORK UNIT 1 WORK UNIT = 2 officers @ 4 hours each onsite = 8 hours 2 officers @ 1 hour Pr~aration. Travel and Re,port Writinf: = 2 hours Total officer hours per WORK UNIT = 10 hours 4. TOTAL WORK UNIT COST (sum lines 1,2,3) =$ 316.40 =$ 33.99 =$ 5.00 =$ 355.39 1. 1 WORK UNIT = 10 officer hours x $ .3.lM per hour 2. SUPERVISION COST = 1 Supervising Officer @ 1 overtime hour each 3. ADMINISTRATIVE COST 5. TOTAL VARIABLE CONTRACT EXPENSES: (--2-Retail Compliance operations + -3.i... Possession operations) x total work unit cost (line 4) =$ 14.215.60 Fixed Contract Expenses: 6. TRAINING EXPENSE = $31.64 overtime rate x 2 hours x lQ Officers =$ 632.80 7. SUPPLIES/EVIDENCE - Specify and attach supporting documentation. Evidence Cost ... =$ 65.00 8. OTHER EXPENSES - Specify and attach supporting documentation. =$ 0 697.8Q 9. TOTAL FIXED CONTRACT EXPENSES (sum lines 6, 7,8) =$ =$ 14.913.40 10. TOTAL CONSIDERATION for SPTE (sum lines 5 and 9) School Proximity Tobacco Enforcement - SPTE Statement of Work Contract 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 3000 people under the age of 1 a 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 obviously underage in appearance and dress; for males, no facial hair will be allowed. Females should not wear revealing attire to appear older. Further, all participating agencies, their personnel and their charges are expected to conduct themselves in a professional manner in accord 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 will identify and issue citations to youth 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. CONTRACTORS with the SPTE Program shall be reimbursed as invoiced by the CONTRACTOR according to the number of completed SPTE units accomplished. An SPTE work unit consists of 10 dedicated hours as follows: 1 WORK UNIT =2 officers @ 4 hours each onsite = 8 hours 2 officers @ 1 hour Preparation. Travel and Report Writing = 2 hours Total officer hours perWORKUNIT = 10 hours Any employee of the CONTRACTOR who serves as the Program Supervisor may be paid a maximum of one (1) hour per work unit at the employee's established rate of overtime. Separate and reasonable additional reimbursement for Administrative Costs (e.g. word processing, report tracking and invoice preparation) will be allowed under the terms of this contract. It is essential that reports and invoices accurately and thoroughly represent the work completed. Invoices which do not meet the requirements of the SPTE Program will be returned unpaid to the CONTRACTORfor correction. All established costs, including hourly rates, will be set forth in the Affidavit of Costs included in the contract. 3. Site Selection ... The SPTE Program will 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. 4. Training DABT, through its assigned District Contract Administrator, will conduct training of the CONTRACTOR's personnel who will participate in the Program. Initially, up to two training' ( sessions will be provided at times and places established by the CONTRACTOR and agreed to by the DABT District Contract Administrator. No officer/deputy or supervisor may participate in the Program unless that person has received training from the DABT District Contract Administrator, another designated DABT employee, or other person authorized by DABT and/or approved by the Administrator of the Office of Tobacco Control - Enforcement. The required training is mandatory for participation in the contracted work activities. 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. Specific instruction regarding DABT policies and procedures for SPTE investigations and the use of underage operatives will be presented in the contract training sessions. ..