02-198Council File # O y�148''
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
��
23
24
25
26
2�
2s
29
30
32
33
35
36
37
38
39
40
41
�-,� -1 ; •-• � '_ z � �
, �
�':?'.�v ., �, ;L
Presented By_
Referred To
RESOLUTION
SAINT PAUL, MINNESOTA
Resolution #
Green Sheet # �d 3�
�S
Committee: Date
WI�REAS, the Office of License, Inspections and Environmental Protection has been conducting compliance
checks on all establishments licensed to sell tobacco products in the City of Saint Paul for several yeazs; and
WIIEREAS, these compliance checks consist of a minor(s) entering the establishments, under the direct
supervision of a license inspector, to attempt to purchase tobacco products; and
WHEREAS, the costs associated with these compliance checks include reimbursing the minor(s) for their
services and the license inspector for any tobacco products purchased by the minor; and
WHEREAS, the American Lung Association of Minnesota has funds available to help offset the cost of these
compliance checks; and
WHEREAS, the American Lung Association of Minnesota wishes to provide the City of Saint Paul with a total
of $5,000 towazd the cost of conducting 400 compliance checks beginning February 8, 2002 and ending June
30, 2002; now, therefore, be it
RESOLVED, the Council of the City of Saint Paul authorizes the Office of License, Inspections and
Environmental Protection to enter into the attached agreement with the American Lung Association of
Minnesota.
Department of:
Adopted by uncil:
Adoption Certified
By:
By:
Secretary
Office of License, Inspec
BY�e
Form
By:
Appr
Coun
By:
d by Ci � ' � ty-�ttor ey
ti�-e='U
Mayor for Subm�i
� i
and
�
OFFICE oF LIEP Date: GREEN SHEET
Roger Curtis, Director February 11,
266-9013 2002 NQ .103342 ��"���
1 EPAR727ENT DIRECTOR 5 ITY COUNCIL
� '� ITY ATTORNEY ITY CL PRX
Y�6sR�l
ust be OIl C011RC1�. Agenda � 3 ET DIRECTOR IN- & MGT. SVC- DTR.
: As soon as o sible Yox (OR ASSISTANT)
AL # OF STGNATURE PAGE3 1 (CLIP ALL LOCATIONS FOR
SIGNATURE)
CTION REQUESTED: Approval of a$5,000 grant (see attached contract) to
IEP from tlie American Lung Association to conduct tobacco compliance
checks_
COPAIFSTDATIONS: APPROVE (A) OR REJECT (R) BRSONAL SERVICS CONTRACTS MRST ANSWER T88 FOLLOWING:
PLANNING COMMISSION _ CIVIL SER�7ICE Has the person/firm ever worked under a contract for [his department�
OMMIS51ON YES NO
CIB COMMITTEE _ BUSINESS REVIEW 2. Has this person/firm ever been a City employee?
OUNCIL YES NO
STAFF _ 3. Does this person/firm possess a skill not normally possessed by any
CusTent City eanployee?
DISTRICT COURT _ YES NO
lain a11 YES aaswers on a seDarate sheet aad attach.
SUPPORTS WHICH COUNCIL OBJECTIVE?
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, t�7hat, When, Wtiere, Why):
IEP 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
IEP a$5,000"grant to cover these costs.
VANTAGES IF APPROVED: $5,000 savings to the City of Saint Paul_
ISADVANTAGES IF APPROVED:
ISADVANTAGES IF NOT APPROVED: $5,000 expenditure for the City of Saint
Paul.
' OTAL.AMOUNT OF TRANSACTION � COST/REVENUE BUDGETED YES
O
UNDING SOURCE ACTIVITY NUMBER
INANCIAL INFORMATION: (EXPLAIN)
�LCG� V �. � c�����cr�e�a?�r
MAR 0 1 29��
CITY ,4TTORNE`�
� ;��; � � 2a92
oa.-«a-
Agreement between Yhe Saint Panl Office of License, Tnspections and Environmental Protection
and American Lung Association of Alinnesota
THIS AGREEMENT, made aud entered into this 8�` day of February 2002, by and between the
American Lung Association of Minnesota, hereinafter refened to as ALAMI3 and the City of Saint
Paul, a municipal corpoxation of the State of Minnesota, hereinafter referred to as CITY.
ALAMN and CITY, in consideration of the mutual terms and conditions, promises, covenants
and payments hereinafter set forth, agree as follows:
SECTION 1: SCOPE OF SERVICES.
The CITY, through the Office of License, Tnspections and Environmental Protecrion,
hereinafter referred to as LIEP, agrees to conduct tobacco compliance checks during the time of
this contract to locate merchants illegally selling tobacco products to minors. Specific tasks,
deliverables, timetines, and other detaiis shall be mutually agreed to by both parties.
SECTTON 2: TIME 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 mutuaily agreed
upon with ALAiv�N and LTF,P. Contract beginning February 8, 2002 and ending 7une
30, 2002.
B. In the event there are reasonable delays, LIEP shall request an extension of time for
completion of the project. The Project Manager will review the request and may grant
LIEP such extensions of contract time. Chris Tholkes is designated the Project
Manager for A.LAIvIN.
SECTION 3: BILLING AND PAYMENT.
A. That for LIEP's faithful performance of this Agreement, ALAM23 agrees to compensate
LIEP in the amounts and according to the following schedule.
For each compliance check: $10.00 to a total not to ezzceed $4,OOD.DO
For LIEP administrative costs: $1,000.00
The total for this Agreement is: $5,000.00
B. The above amounts shall fully campensate LIEP for all agreed upon costs. No claim fot
services and/or costs provided by LIEP, not specifically provided for in the agreement,
sha11 be reimbursed by ALAMN. Total costs for the project shall not exceed $5,000.00.
C. LIEP shall submit an itemized invoice on the following schedule. Submittal dates aze:
April 26, 2002; and 7uly 29, 2002; and a final report June 30, 2002. Upon receipt of the
invoice and verification of the charges by the Project Manager, payments sha11 be made
by ALAMN within forty-five (45) days.
D. In the event LIEP fails to comply with any terms or conditions of the Agreement or to
provide in any manner the work or services as agreed to herein, ALAIvJN reserves the
right to withhold any payment until ALAMN is satisfied ttiat corrective action has been
taken or completed.
o�•t��
SECTION 4: TERll:IINATTON.
t1 This agreement will continue in full force and effect until completion of the project as
described herein unless it is terminated at an eazIier date by either pariy. Eitfier party to
this Agreement may terminate it by giving no less than thirLy (30) days written notice of
the intent to terminate to the other party.
B. In the event of terminarion, ALAMN will pay LIEP for ali services actuai2y, timely, and
faithfully rendered up to the zeceipt of the notice of termination and thereafter until the
Cj2Y.0 ofte.rminatiOIl.
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 vrziting in advance by ALAMN.
B. Any aiterations, 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 sub}ect matter herein.
IN WITNESS WFIEREOF, the parties hereto haue executed this Agreement on the date first
writteu above.
For CITY OF SAINT PAiIL
Randy Kelly
�yo�
For ALAMN
WM. Gerald Orr
CEO
— �`!'<���
Peter Hames, Director
Office of Financial Services
�
�,— /�
Roger �ds, Director
O$ice of License, Inspections and
Enviroffiental Proteclion
Approved as to form: ,�
/ N� ���
Assistant Qiiy Attorney
' �i.�,�i �.�� ���_ ,.
. -� � ��
� . �. •�� .�.�
Council File # O y�148''
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
��
23
24
25
26
2�
2s
29
30
32
33
35
36
37
38
39
40
41
�-,� -1 ; •-• � '_ z � �
, �
�':?'.�v ., �, ;L
Presented By_
Referred To
RESOLUTION
SAINT PAUL, MINNESOTA
Resolution #
Green Sheet # �d 3�
�S
Committee: Date
WI�REAS, the Office of License, Inspections and Environmental Protection has been conducting compliance
checks on all establishments licensed to sell tobacco products in the City of Saint Paul for several yeazs; and
WIIEREAS, these compliance checks consist of a minor(s) entering the establishments, under the direct
supervision of a license inspector, to attempt to purchase tobacco products; and
WHEREAS, the costs associated with these compliance checks include reimbursing the minor(s) for their
services and the license inspector for any tobacco products purchased by the minor; and
WHEREAS, the American Lung Association of Minnesota has funds available to help offset the cost of these
compliance checks; and
WHEREAS, the American Lung Association of Minnesota wishes to provide the City of Saint Paul with a total
of $5,000 towazd the cost of conducting 400 compliance checks beginning February 8, 2002 and ending June
30, 2002; now, therefore, be it
RESOLVED, the Council of the City of Saint Paul authorizes the Office of License, Inspections and
Environmental Protection to enter into the attached agreement with the American Lung Association of
Minnesota.
Department of:
Adopted by uncil:
Adoption Certified
By:
By:
Secretary
Office of License, Inspec
BY�e
Form
By:
Appr
Coun
By:
d by Ci � ' � ty-�ttor ey
ti�-e='U
Mayor for Subm�i
� i
and
�
OFFICE oF LIEP Date: GREEN SHEET
Roger Curtis, Director February 11,
266-9013 2002 NQ .103342 ��"���
1 EPAR727ENT DIRECTOR 5 ITY COUNCIL
� '� ITY ATTORNEY ITY CL PRX
Y�6sR�l
ust be OIl C011RC1�. Agenda � 3 ET DIRECTOR IN- & MGT. SVC- DTR.
: As soon as o sible Yox (OR ASSISTANT)
AL # OF STGNATURE PAGE3 1 (CLIP ALL LOCATIONS FOR
SIGNATURE)
CTION REQUESTED: Approval of a$5,000 grant (see attached contract) to
IEP from tlie American Lung Association to conduct tobacco compliance
checks_
COPAIFSTDATIONS: APPROVE (A) OR REJECT (R) BRSONAL SERVICS CONTRACTS MRST ANSWER T88 FOLLOWING:
PLANNING COMMISSION _ CIVIL SER�7ICE Has the person/firm ever worked under a contract for [his department�
OMMIS51ON YES NO
CIB COMMITTEE _ BUSINESS REVIEW 2. Has this person/firm ever been a City employee?
OUNCIL YES NO
STAFF _ 3. Does this person/firm possess a skill not normally possessed by any
CusTent City eanployee?
DISTRICT COURT _ YES NO
lain a11 YES aaswers on a seDarate sheet aad attach.
SUPPORTS WHICH COUNCIL OBJECTIVE?
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, t�7hat, When, Wtiere, Why):
IEP 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
IEP a$5,000"grant to cover these costs.
VANTAGES IF APPROVED: $5,000 savings to the City of Saint Paul_
ISADVANTAGES IF APPROVED:
ISADVANTAGES IF NOT APPROVED: $5,000 expenditure for the City of Saint
Paul.
' OTAL.AMOUNT OF TRANSACTION � COST/REVENUE BUDGETED YES
O
UNDING SOURCE ACTIVITY NUMBER
INANCIAL INFORMATION: (EXPLAIN)
�LCG� V �. � c�����cr�e�a?�r
MAR 0 1 29��
CITY ,4TTORNE`�
� ;��; � � 2a92
oa.-«a-
Agreement between Yhe Saint Panl Office of License, Tnspections and Environmental Protection
and American Lung Association of Alinnesota
THIS AGREEMENT, made aud entered into this 8�` day of February 2002, by and between the
American Lung Association of Minnesota, hereinafter refened to as ALAMI3 and the City of Saint
Paul, a municipal corpoxation of the State of Minnesota, hereinafter referred to as CITY.
ALAMN and CITY, in consideration of the mutual terms and conditions, promises, covenants
and payments hereinafter set forth, agree as follows:
SECTION 1: SCOPE OF SERVICES.
The CITY, through the Office of License, Tnspections and Environmental Protecrion,
hereinafter referred to as LIEP, agrees to conduct tobacco compliance checks during the time of
this contract to locate merchants illegally selling tobacco products to minors. Specific tasks,
deliverables, timetines, and other detaiis shall be mutually agreed to by both parties.
SECTTON 2: TIME 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 mutuaily agreed
upon with ALAiv�N and LTF,P. Contract beginning February 8, 2002 and ending 7une
30, 2002.
B. In the event there are reasonable delays, LIEP shall request an extension of time for
completion of the project. The Project Manager will review the request and may grant
LIEP such extensions of contract time. Chris Tholkes is designated the Project
Manager for A.LAIvIN.
SECTION 3: BILLING AND PAYMENT.
A. That for LIEP's faithful performance of this Agreement, ALAM23 agrees to compensate
LIEP in the amounts and according to the following schedule.
For each compliance check: $10.00 to a total not to ezzceed $4,OOD.DO
For LIEP administrative costs: $1,000.00
The total for this Agreement is: $5,000.00
B. The above amounts shall fully campensate LIEP for all agreed upon costs. No claim fot
services and/or costs provided by LIEP, not specifically provided for in the agreement,
sha11 be reimbursed by ALAMN. Total costs for the project shall not exceed $5,000.00.
C. LIEP shall submit an itemized invoice on the following schedule. Submittal dates aze:
April 26, 2002; and 7uly 29, 2002; and a final report June 30, 2002. Upon receipt of the
invoice and verification of the charges by the Project Manager, payments sha11 be made
by ALAMN within forty-five (45) days.
D. In the event LIEP fails to comply with any terms or conditions of the Agreement or to
provide in any manner the work or services as agreed to herein, ALAIvJN reserves the
right to withhold any payment until ALAMN is satisfied ttiat corrective action has been
taken or completed.
o�•t��
SECTION 4: TERll:IINATTON.
t1 This agreement will continue in full force and effect until completion of the project as
described herein unless it is terminated at an eazIier date by either pariy. Eitfier party to
this Agreement may terminate it by giving no less than thirLy (30) days written notice of
the intent to terminate to the other party.
B. In the event of terminarion, ALAMN will pay LIEP for ali services actuai2y, timely, and
faithfully rendered up to the zeceipt of the notice of termination and thereafter until the
Cj2Y.0 ofte.rminatiOIl.
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 vrziting in advance by ALAMN.
B. Any aiterations, 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 sub}ect matter herein.
IN WITNESS WFIEREOF, the parties hereto haue executed this Agreement on the date first
writteu above.
For CITY OF SAINT PAiIL
Randy Kelly
�yo�
For ALAMN
WM. Gerald Orr
CEO
— �`!'<���
Peter Hames, Director
Office of Financial Services
�
�,— /�
Roger �ds, Director
O$ice of License, Inspections and
Enviroffiental Proteclion
Approved as to form: ,�
/ N� ���
Assistant Qiiy Attorney
' �i.�,�i �.�� ���_ ,.
. -� � ��
� . �. •�� .�.�