03-712Council File # �3-"11
Green Sheet # ���
Presented By
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RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
ZZ
Committee: Date
RESOLUED, that the City Contractor license (License 1D No. TR 203567) held by
Performance Pool & Spa, Inc. dJb/a Performance Pool & Spa, Inc., is hereby suspended
immediately far failure to submit insurance naming the City of St. Paul as additional insured as
required for licensure. Said suspension shalt remain in effect until such time as the licensee
submits a certificate of insurance naming the City of St. Paul as additional insured and written
notice of the lifting of said suspension has been provided to the licensee by the Office of License,
Inspections and Environmental Protection.
This Resolution and the action taken above are based upon the facts contained in the June
17, 2003 Notice of Violation letter to the licensee. The licensee did not respond to the Notice of
Violation.
_�
DEPARTMENT/QFFICE/COUNCIL: DATE INITIATED ��—���
LIEP 7uly 10, 2003 GREEN SHEET No.: 200349
CONTACT PERSON & YHONE: �-+� INITfAUDa.TE INI'LInLDATE
Virginia Palmer (266-8710) �/ D�e,�zre��r Dm. crrv cous•rcu.
MiJST BE ON COUNCD. AGENDA BY (DATE) �IGN — CTCY ATTORNEY _ CI'CY CLERK
NUMSER ��CiAL SERV DIIL FAIANCIAL SERV/ACCTG
f�.11gUSt 6 2003 (consent) ��g MAYOR(ORASST.) _CIVILSERVICECOMMISSION
ROUTII�G
ORDER
TOTAL # OF SIGNATIJRE PAGES _(CLIP ALL LOCATIONS FOR SIGNA"PURE)
ncrroN a�QuesTen: Adverse action against the Ciry Contractor license held by Performance Pool & Spa, Inc.
dJb/a Performance Pool & Spa, Inc., located at 1890 Wooddale Drive, Woodbury, NIN.
RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING
QUESTIONS:
PLANNING COMMISSION 1. Has this person/firm ever worked under a contract for this depar[ment?
CID COMM171EE Yes No
CNIL SERVICE COMMISSION 2. Has this person/fitm ever been a city employee7
Yes No
3. Dces this person/5rm possess a sbll not normally posse9sed by any Current ciry employee?
Yes No
� Ezplain all yes answers on separate sLeet and attacL to green sh¢et
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why):
Performance Poo1 & Spa, Inc. d!b(a Performance Pool & Spa, Inc., has failed to submit a Certificate of Insurance
naming the City of 5t. Paul as an additional insured as required far licensure.
ADVANTAGESIFAPPROVED:
Council action necessary to enforce St. Paul Ciry codes related to licensing requirements.
� � ��,� . , e _ �;
DISADVANTAGES IF APPROVED:
None.
.��� � �. ��E��
DISADVANTAGES IF NOT APPROVED:
No penalty will be imposed for violaring license requirements and may expose the City to potential future liability
claims.
TOTAL AMOUNT OF TRANSACTION: $ COST(REV ENUE BUDGETED:
FONDING SOURCE: ACTIVITY NUMBER:
FINANCIAL INFORMATION: (EXPLAIN)
1.\USERSV'ANGBORMgreenshett - Lc condmons wpd
CITY OF SAINT PAUL
Randy C. Ke1ty, Mnyar
July 10, 2003
OFFICE OF THE CITY ATTORNEY �� � 4 �
ManuelJ Cervnntu, CityAttorney
Civil Division
400 Ciry Hail Telephorse: 651 166-87f 0
IS Wut Kellogg B[vd Fncsimile_ 651 298-5619
Snint Pnu[, Minnesota SS/01
NOTICE OF COUNCIL 1VIEETING
Owner/Manager
Performance Pool & Spa, Inc.
1890 Wooddale Drive
Woodbury, MN 55125
RE: City Contractor License held by Performance Pool & Spa, Inc., d/b/a Performance Pool &
Spa, Inc. for the City of Saint Paul
License ID #: TR 203567
Dear SirlMadam:
Please take notice that thls matter has been set on the Consent Agenda for the Counc3l
meeting scheduled for 3:30 p.m., Wednesday, August 6, 2003 in the City Council Chambers,
Third Floor, Saint Paul City Hall and Ramsey County Courthouse.
Enclosed are copies of the proposed resolution and other documents which will be
presented to the City Council for their consideration. This is an uncontested matter, in that the
facts concerning the failure to submit cunent insurance naming the City of St. Paul as an
additional insured have not been denied. As indicated, this matter has been place on the consent
agenda portion of the City Council meeting during which no public discussion is allowed. The
recommendation of the license office is for the immediate suspension of your license until the
appropriate certificate of insurance has been submitted and approved by the licensing office.
If you have any questions, please call me at 266-8710.
Very truly yours,
�/ � C��.�
��
Virginia D. Palmer
Assistant City Attorney
cc: Assistant Council Secretary, 310 City Hall
Christine Rozek, Deputy Director of LIEP
Y
03 �t2
UNCONTESTED LICENSE MATTER
Licensee Name
Council Date:
Violation:
License Type
Performance Pool & Spa, Inc. d/b/a Pertormance
Pooi & Spa, inc.
Wednesday, August 6, 2003
Failure to Submit Insurance Certificate naming
City of St. Paul as additional insured
City Contractor license
Recommendation of Assistant City Attorney on behalf of client, Office
of License, Inspections and Environmental Protection:
Immediate Suspension of City Contractor License until
appropriate certificate of insurance naming the City of St. Paul
as additional insured has been provided
Attachments:
1. Proposed resolution
2. Notice of Violation
3. License information
4. 5/20/03 letter from LIEP to licensee
CITY OF SAINT PAUL
Rnndy C Kelly, Mrsyor
June 17, 2003
Owner/Manager
Performance Pool & Spa, Inc.
1890 Wooddale Drive
Woodbury, MN 55125
03
OFFICE vr' THE CITY ATTORNEY
Manuel J- Cen�antu, Ciry Altorney
CivilDivision
400 Ciry Hall Telephone: 651166-8710
IS West Kellogg Blvd. Fncsimile: 651198-5619
Sain! Pau1, Minnesotn 55101
NOTICE OF VIOLATION
RE: City Contractor License held by Performance Pool & Spa, Inc., d/b(a Performance Poo1 &
Spa, Inc. for the City of Saint Paul
License ID #: TR 2035b7
Deaz SirlMadam:
The Office of License Inspections and Environmental Protection (L1EP) has
recommended adverse action against the above-referenced license. The basis for the
recommendation is as follows:
You were advised by letter dated May 20, 2003 that you needed
to submit a current insurance certificate showing the City of
Saint Paul as an additional insured. As of today's date, this
has not been received.
If you do not dispute the above facts please send me a letter with a statement to that
effect. The matter will then be scheduled for a hearing before the St. Paul City Council to
determine what penalty, if any, to impose. You will have an opportunity to appear and speak on
your own behalf, or to have someone appear there for you. The recommendation from the
licensing office is for the immediate suspension of your license until a corrected certificate of
insurance has been submitted and approved by the licensing office.
On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary
hearing before an Administrative Law 7udge (AL7). If you wish to have such a hearing, please
send me a letter stating that you are contesting the facts. You will then be sent a"Notice of
Hearing," so you will know when and where to appear, and what the basis for the hearing will be.
AA-ADA-EEO Employer
Page 2
Perfonmance Pool & Spa, Inc
June 17, 2003
v3-�►Z
In either case, please let me know in writing no later than Friday, June 27, 2003,
how you would like to proceed. If I have not heard from you by that date, I will assume
that you are not contesting the facts of the violation. The matter �vill then be scheduled for
the St. Paul City Council and placed on the Consent Agenda during which no discussion is
allowed and the recommended penalty will be imposed.
If you have any questions, feel free to call me or have your attomey call me at 266-8710.
Sincerely,
���� ��
Virginia D. Palmer
Assistant City Attorney
cc: Christine Rozek, Deputy Director of LIEP
AA-ADA-EEO Employer
p3-�1 L
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
AFFIDAVIT OF SERVICE BY MAIL
70ANNE G. CLEMEI�3TS, being first duly swom, deposes and says that on June 18, 2003,
served the attached NOTICE OF VIOLATION placing a true and coirect copy thereof in an
envelope addressed as follows:
Owner/Manager
Performance Pool & Spa, Inc.
1890 Wooddale Drive
Woodbury, MN. 55125
(which is the last known address of said person)
United States mails at St. Paul, Minnesota.
the same, with postage prepaid, in the
Subscribed and sworn to before me
this 18th day of June, 2003.
PETER P. PANGBOftN
NOTAI2Y PUBUC - MiNNE50T•A
MY �OMMSSS10iJ
EXPIftES dAN.31, 2�M
Notary Public
License Group Comments Text
��e��� PERPORMANCE POOL 8 SPA INC
DBA: pgRFORMANCE POO� 8 SPA lNC
license #: OOTR203567
03-�� Z
O6/05/2003
�6f05l2�03 No response. To CAO for adverse aetion. CAR
05/20@002 Leiter sent requesting that city 6e named as additionat insured. Must respond by 06l03/2003. CAR
POOL INSTALLER Sfate Exempt
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CITY OF SAINT PAUL
Randy C Ke[!y, .tfayor
Date:
OFEiCE OF LICENSE, I.VSPECT(OYS �ND
ENVIRONMEN"CAL PROTECTlO\
Jarteen E. Roras, Director
LONRY PROFESSIONAL BUILDLYG
350 Sc Peter St�eet, Suite 300
Saint Paul, �4finnerota SSl02-ISlO
License #: ()(,` ( K � (i �5((i' (
Licensee: - }�P,t��DYI"ACi,�� 1'C'�� � `� S��'� —f�liC .
License Tyge(s): ( ,L�vr �-�''�"'�YG'rfG� � ,l"(�G�� �.�-v�7 ��—�
Your license has been placed on hold until tHe following requirements are met:
��
( ) Pay your license renewa] fee of
Total license renewal due is $
�3= �1Z.
Telephone: 65l-366-9090
Fucsimile: 651-266-9124
li'eb: www liey.us
And, late fee charges of �
( ) Submit a current certificate of insurance:
( ) Coverage Period: through
The policy expiration date must coincide with the license expiration date or be filed as
"continuous unti] canceled"as per Saint Paul Leb slative Code Chapter 310, Section 310.07(d).
( ) We require at ]east 30 days notice of canceltation of the insurance policy as per Saint
Paul Legislative Code Chapter 7, Section 7.Q6.
�Ve require the City of Saint Paul be named as an additional insurzd. (Note: Naming
he City of Saint Paul as certificate holder does not meet this requirement.)
( ) We require proof of liability: general / auto / professional / liquor or waiver lettec
The minimum Iimits of liability is
( ) T'he licensed business name must be listed as the insured's name. The licensed business
name is
( j T`he licensed business address must be listed at the insured's address. The licensed
business address is
( ) Submit a current original
�u�Cl
Attach a valid Power of Attomey.
( ) Additional requirements:
bond. In the amount of $
Please respond by l(/��ZU' �� � . If there is no response, this office will
begin the adverse action process to suspend your license until all requirements are met, Xou have the
opportunity to appeal the Ciry's decision through this proceeding.
If you have any questions regarding this matter, please contac# Cl at b51-266- C ! ��Z
AA - ADA - EEO Emptoyer