04-322Council File # �� ��
Resolution #
Green Sheet # �p133�`6
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
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Presented By
Referred To
Committee: Date
WIIEREAS, the State of Minnesota requires the City of Saint Paul to conduct youth tobacco compliance checks
on all tobacco retailers in the City; and
WHEREAS, 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 years; and
WHEREAS, 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 minar(s) for their
services and the license inspector for any tobacco products purchased by the minor; and
WHEREAS, the Association for Nonsmokers of Minnesota has funds available to help offset the cost of these
compliance checks; and
WHEREAS, the Association for Nonsmokers of Minnesota wishes to provide the City of Saint Paul with a total
of up to $10,000 towaxd the cost of conducting compliance checks begnning January 1, 2004 and ending
December 31, 2005; 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 Association for Nonsmokers of
Minnesota.
LZ'i
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Adopted by Council: Date /t-(�YLh d`"�,a00�
Adoption Cert�,fied by Council Secretary
By:
Approved
By
Date
Office of License, Inspections and
Environmental Protection
By: �.In�R.-� (. ��/)O/
Eorm Approved by Ci�p�lttorney
By:
council
By:
�
ON- 3za
Agreement between the Saint Paul Office of License,
Inspections and Environmental Protection (LIEP)
and
the Association for Nonsmoker - MN (ANSR)
This agreement, made and entered into this 4�' day of February, 2004, by and between ANSR,
and the City of Saint Paul, a municipal corporation of the State of Minnesota, hereinafter referred
to as CITY.
ANSR and CTTY, 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 LIEP, agrees to conduct tobacco
compliance checks during the time of this contract to identify merchants illegally selling tobacco
products to minors.
Section 2: Time for completion.
• 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 ANSR and LIEP. The contract begins January 1, 2004 and ends December 31,
2005.
In the event there aze reasonable delays, LIEP shall request an extension of rime for
completion of the project. The Project Manager will review the request and may grant
LIEP such extensions of contract rime. Katie Hamann is desigiated the Project Manager
for ANSR.
Section 3: Billing and Payxnent.
1. That for LIEP's faithful performance of this Agreement, ANSR agrees to compensate
LIEP in the amounts and according to the following schedule: for each compliance
check" $10.00 to a total not to exceed $10,000.
2. The above amount shall fixlly compensate LIEP for all agreed upon costs. No claim for
services and/or costs provided by LIEP, not specifically provided for in the agreement,
shall be reimbursed by ANSR. Total cost for the project shall not exceed $10,000.
3. LIEP shall submit an itemized invoice on the following schedule: June 25 2004;
September 24�' 2004; & January 15, 2005, June 25�` , 2005; September 24 2005; &
January 15, 2006 or on altemate dates as agreed between ANSR and LIEP. Upon receipt
of the invoice and verificafion of the chazges by the Project Director, payment shall be
made by ANSR within forty-five (45)days.
4. In the event LIEP fails to comply with any terms or conditions of the Agreement or to
provide in any manner the work ar services as agreed to herein, ANSR reserves the right
to withhold any payment until ANSR is sarisfied that corrective action has been taken or
completed.
oy- 33�
Section 4; Tennination.
This agreement will continue in full force and effect until completion of the project as described
herein unless it is tenninated at an eazlier date by either party. Either parry to this Agreement
may temunate it by giving no less than thirty (30) days written notice of the intent to terminate to
the other par[y. In the event of ternunation, ANSR will pay LIEP for ail services actually timely,
and faithfully rendered up to the receipt of the ternunation and therefter until the date of
temunation.
Secfion 5: Amendment or changes to the agreement.
ANSR 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 ANSR.
Section 6: Entire Agreement.
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 whereof, the parties hereto have executed this Agreement on the date fir st written
above.
For the City of Saint Paul
Q� �. �����£P Qv�
ame, Title
3-z -D�}
Date
Name, Title
Date
Weigum, President
Approved as to form:
�-.
ity ttorney
. . . , ..�s���r�c . .x=..�,.: #�' - . ...
� Green. Sheet Green Sheet
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Green Sheet Green Sheet Green Sheet Green Sheet
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DepartrneM/office/council: Date Initiated:
�P -L;ce„Se„��o��uon�t ,2_�� Green Sheet NO: 3Q13398
�
Co�tact Person & Phone• ���e^t Sent To Person Initial/Date
Vtginia Palmef � 0 icense/Ins H o/Environ Pro � 2 ,
2 ���� Assign 1 'censellnsoection/EnvironPro � ��J+ff� . VQ'�l�
Must Be on Council Agenda by (Date): Number 2 i Attorne
S D For
L Routing 3 a or's Otfi
Order 4 ouncil
5 ' Clerk
Toql # of Signature Pages _(Clip Ali Locations for Signature)
Action Requested: �
Authorizarion for the Saint Paul Office of LIEP to enter into an agreement with the Association for Nonsmokers -- Minnesota for
payment of up to $10,000 for LIEP to conduct tobacco compliance checks on Saint Paul establishments for 2004 and 2005.
Recommenda5ons: Approve (A) or Reject (R): Personal Service CoMracts Must Answerthe Following Questions:
� Planning Commission 1. Has this personffirm ever worked under a contract for this department?
CIB Committee � Yes No
Civil Service Commission 2. Nas this personlfirm ever been a city employee?
Yes No
� 3. Does this persoNfirm possess a skill not nortnally possessed by any �
. current.city employee?
Yes No
� � Explain all yes answers on separate sheet and attach to green sheet
, Initiating Problem, Issues, Opportunity (Whq What, When, Where, Why): "
The State of Minnesota mandates that Saint Paul conduct tobacco compliance checks on all Saint Paul tobacco retailers. THe
Associauon for Nonsmokers -- Minnesota has generously offered to help LIEP pay for costs incurred in these checks.
AdvantageslfApproved: � � .
DisadvanWStes If Approved:
Disadvantages If Not Approved: -
TotalAmountof CosURevenue Budgeted:
Transaction: - . .
, Funding Source: ' Activity Number:
Financial I nformation: �
, (Explainj � .