02-1154Council File # ��5y
Presented By
Referred To
GreenSheet# y�33qR
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA a3
Committee: Date
1 WHEREAS, the American Lung Association has money available through the Ramsey
2 Tobacco Coalition to contract with the Saint Paul Office of License, Inspections and
3 Environmental Protection to pay for tobacco compliance checks performed in Saint Paul; and
4
5 WHEREAS, the American Lung Association and the Office of License, Inspections and
6 Environmental Protection desire to enter in to a contract whereby the American Lung
7 Association will pay $7,500 far the performance of tobacco compliance checks by the Office of
8 LIEP between 7uly 1, 2002 and December 31, 2003 ; now, therefore be it
9
10 RESOLVED, that the Office of License, Inspections and Environmental Protection is
11 hereby authorized to enter into the attached Agreement with the American Lung Association of
12 Minnesota.
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o�.a�sy
Agreement beYween the Saint Panl Office of License, Inspections and Environmental Protection
and American Lung Association of Minnesota
THIS AGREEMENT, made and entered into this 9�' day of October 2002, by and between the
American Lung Association of Minnesota, hereinafter refeaed to as ALAMI�I and the City of Saint
Paul, a municipal corporation of tfie State of Minnesota, hereinafter referred to as CITY.
ALAMN and CIT'Y, in consideration of the mutual terms and conditions, promises, covenants
and payments hereinafter set forth, agree as follows:
SECTION 1: SCOPE OF SERVICES.
The CTTY, through the Office of License, Inspections and Environmen#ai Protecrion,
hereinafter referred to as LIEP, agrees to conduct tobacco compliance checks during the time of
this contract to locate merchants illegally seliing tobacco products to minors. Specific tasks,
deliverables, timelines, and other details shall be mutually agreed to by both parties.
SECTION 2: TII1ZE FOR COMPLETION.
A. The services described in Section 1 shall be commenced upon execution of the
Agreement and will be completed in accordance with the schedule mutually agreed
upon with ALAMN and LIEP. Contract beginning July 1, 2002 and ending December
31, 2003.
B. In the event there are reasonable delays, LIEP shall request an extension of time for
complerion of the proj ect. The Project Manager will review the request and may grant
LIEP such e�ctensions of contract fime. Cluis Tholkes is designated the Project
Manager for ALAMN.
SECTION 3: BILLING AND PAYMENT.
A. That for LIEP's faithful performance of this Agreement, ALAMI�T agrees to compensate
LTEP in the amounts and according to the following schedule.
For each compliance check: $10.00 to a total not to exceed $6,OOO.DO
For LIEP administrative costs: $1,500.00
The total for tlris Agreement is: $7,500.00
B. The above asnounts shall fully compensate LIEP for atl agreed upon costs. No claim for
services and/or costs provided by LIEP, not specifically provided for in the agreement,
shall be reimbursed by ALAMN. Total costs for the project shall not exceed $7
C. LIEP shall submit an itemized invoice on the following schedule. Submittal dates are:
January 5, 2003, Ari15, 2003, July 5, 2003, October 5, 2003 and a final invOice January
5, 2004. Upon receipt of the invoice and verification of the charges by the Project
Manager, payments shall be made by ALAMN within forty-five (45) days.
D. In the event LIEP fails to comply with any terms or condirions of the Agreement or to
provide in any manner the work or services as agreed to herein, ALAMI1 reserves the
right to withhold any payment until ALAMN is satisfied tl�at correcrive action has been
taken or completed
Co�Y - � �� reei,�PU�� �'S�� ��-���-.���e� �d`� 3 ��
SECTION 4: TERNIINATION. �Z-\�S y
A. Tlris agreemem will continue in full force and effect until completion of the project as
described herein uniess it is terminated at an earlier date by either parry. Either party to
this Agreement may terminate it by giving no less than thirty (30) days wriuen notice of
the intent to terminate to the other party.
B. In the event of termination, ALAMN will pay LIEP for all services actually, timely, and
faithfully rendered up to the receipt of the notice of termination and thereafter until the
date of termination.
SECTION 4: AMENDMENT OR CHANGES TO THE AGREEMENT.
A. ALAMN or LIEP may request changes that would increase, decrease or otherwise
modify the Scope of Services. Such changes and method of compensation must be
authorized in writing in advance by ALAMN.
B. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement
shall be valid only when reduced to writing and duly signed by the parties. _
SECTION 6: ENTIItE AGREEMENT.
A. It is understood and agreed that this entire Agreement supercedes all oral agreements
and negotiations between parties relating to the subject matter herein.
IN WITNESS WFIEREOF, the parties hereto have executed this Agreement on the date first
written above.
For CTTY OF SAINT PAUL
Randy Kelly
Mayor
Peter Hames, Director
Office of Financial Services
�
Roger C 's, Director
Office of License, Inspections and
Enviromnental Protection
Approved as to form:
For ALAMN
WM. Gerald Orr
CEO
Peggy Drenckhahn
Directar Finance & Operations
Assistant City Attorney
.
_ OFFICE OF LrEP Da�e: GREEN SHEET
�^� Roger�Curti`is,� Director� � Novembez 27,
`` 266-9013 � 2002 No . 4 0 3 3 9 7
� . 1 BPARIMENT DIRECTOR 5 ITY COUNCIL
,�y 'Z ITY ATPORNEY ITY CLERK
n.eeswa
� ll.st be �Ii C�llrl�.'11 Agenda � 3 UDGgT DIR%CTOR IN. � MGT. SVC. DIR.
' YOR (OR ASSISTANf)
_, OTAL # OF SIGNATIIRL PAGES 1 (CLIP ALL LOCATION5 FOR
�' SIGNATURE)
CTION REQUESTED: Approval of a$7,500 grant (see attached contract) to
�" IEP from the American Lung Association to conduct tobacco compliance
�,. .
;:. checks.
COMMENDATIONS: APPROVE (A) OR REJ&CT (R) ERSONAL SERVICE CONTRACTS MfiST ANSWER T8S PpLLOWING:
�- PLANNING COMMISSION _ CIVIL SERVICE 1. Has the person/firm ever worked under a contract for this department?
' ONAtISSION YES NO
' CIB COhA7ITTEE _ BUSINSSS REVI&W 2, Has this person/firm ever been a City employee?
OUNCIL , YES NO
� STAPF _ Does this erson firm
p / possess a skill not nozmally possessed by any
Current City employee?
DISTRICT COURT _ YES NO
xplain all YES answera on a separate sheet aad attach.
• SUPPORTS WHICH COUNCIL OBJECTIVS?
::INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why):
'.``LIEP is required by state law to conduct a compliance check on every tobacco
'; licensee in Saint Paul. The American Lung Association of Minnesota has offered
`: LIEP a$7,500 grant to cover these costs.
VANTAGES IF APPROVED: $7,500 savings to the City of Saint Paul.
r ISADVANTAGES IF APPROVED:
l ISADVANTAGES IF NOT APPROVED: $7,500 expenditure for the City of Saint
' Paul.
�,�
TOTAL AMOUNT OF TRANSACTION $ ,,p'b'�"� COST/REVENUE BUDGETED YES
O ��,�"� � s � ,��,�
'FUNDING SOURCE C'� ACTIVITY NUMBER
FINANCIAL INFORMATION: (EXPLAIN)