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06-354Council File # �' � J Resolution # s�Q�l� Gseen Sheet # 3030140 RESOLUTION �"�J OF SAINT PAUL, MtNNESOTA Presented Referred To 1 Z 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 �� 26 2� 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Committee: Date WHEREAS, the City Council passed and the Mayor signed legislarion banning smoking in all licensed establishments in the City; and WHEREAS, the Office of License, Inspections and Environmental Protection will be the enforcement agency in Saint Paui assigned to enforcing the smoking ban in these establishments; and WHEREAS, the Office of License, Inspections and Environmental Protection seeks a smooth and arderly transition as the City switches to being an indoor smoke free city; and WHEREAS, the Office of License, Inspections and Environmental Protecrion has worked with license holders to impiement this smoking ban including postage, signs and staff time; and WHEREAS, the Association for Nonsmokers of Minnesota has funds available to help offset the cost of these transitional acrions; and WHEREAS, the Association for Nonsmokers of Minnesota wishes to provide the City of Saint Paul with a total of up to $5,432 toward the cost of implementing the smoking ban in Saint Paul; 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 far Nonsmokers of Minnesota. Adoption Certified by Council Secretary By: �irU �%ii�Sd2 Approve y M�yor: Date `f"� � / ��i �� � BY: '�- // V1M-'c��trG' Requested by Department of: Office of License, Inspections and Environmental Protection B CJ��, �- �,w Form Approved by City Attorney By: uncil Adop d by Council: Date i /a, � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet ��� _ � � � -� — — � Deparfinentlofficelcouncil: Date Initiated; � �P -LI�,�bo,,,�„�;�„�t 2�-�-06 Green Sheet NO: 3030140 Contad Person & Phone: � Deoartment Sent To Person InitiaVDate Christine Rozek 0 d.icense/inscecfion/Environ Pro I 266-9108 q�,,�9n 1 icenseJln�on/Environ Pro Deoartment Director Must Be on Councii Agenda by (Date): Number G ����� � 2 � Attorue For Ro ��� 9 3 a or's Office Ma odAssistant Ofder 4 ouncil I 5 'tv Clerk �� I C'ri Clerk Total # of Signature Pages _(Clip All Locations for Signature) Adion Requested: Approval of a Resolution authorizing the Office of LIEP to enter into a contract with the Associarion for Nonsmokers of MN. T7us Resolurion will essentially gant LIEP the authority to accept up to $5,432 towazd the cost of implementing the smoldng ban in Saint Paul. Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Answer the Following Questions: Planning Commission 1. Has this personffirm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The Associa6on for Nonsmokers of MN generously has offered to assist the City of Sairn Paul in offsetting many of the costs associated with implementing the smoking ban. AdvantageslfApproved: DisadvantapeslfApproved: Disadvantages If Not Approved: Total Amount of CosURevenue Budgeted: y � ���. Transaction: ��� �ar.�,�{�� Fundina Source: Activity Number: Financiall�formation: �,a,�� c9 � Mll� (Explain) � - �� ��0� 0�� 3S�I Agreement between the Saint Paul Office of License, Inspections and Environmental Protection (LIEP) and the Association for Nonsmokers — MN (ANSR) This agreement, made and entered into Mazch 15, 2006, by and between ANSR, and the City of Saint Paul, a municipal corporation of the State of Minnesota, hereinafter referted to as CTfY. ANSR and CITY, in considerarion of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, agree as foliows: Section 1: Scope of Services. The CITY, through the Office of LIEP, agrees to work with licensees including training of licensees, postage, signs and staff time in order to assure the smooth and orderly transition as Saint Paul becomes a clean indoor air city. 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 March 15, 2006, and ends May 1, 2006. 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. 3eanne Weigum is designated the Project Manager for ANSR. Section 3: Billing and payment i.) That for LIEP's faithful performance of this Agreement, ANSR agrees to compensate LIEP for its activities including training of licensees, postage, signs, other materials, and staff time in an amount not to exceed $5,432. 2.) The above amount shail fuliy compensate LIEP for all agreed upon costs. No ciaim for services and/or costs provided by LIEP, not specifically provided for in the agreement sha11 be reimbursed by ANSR. 3.) LIEP shall submit an itemized invoice no later than May 1, 2006, or on altemate dates as agreed between ANSR and LIEP. Upon receipt of the invoice and verification of the charges by the Project Director, payxnents shall be made by ANSR within forty-five (45) days. r� t�- 35�1 4.) In the event LIEP fails to comply with any terms or conditions of the Agreement or to pmvide in any manner the work or services as agreed to herein, ANSR reserves the right to withhold any payment until ANSR is satisfied that conective acrion has been taken or completed. Section 4: Termivation This agreement will continue in full force and effect until completion of the proj ect as described herein uuless it is terminated at an eazlier date by either party. Either party to this Agreement may temunate it by giving no less than thirty (30) days written norice of the intent to temunate to the other party. In the event of termination, ANSR will pay LIEP for all services actually timely, and faithfully rendered up to the receipt of the termination and thereafter until the date of termination. Section 5: Amendments 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: Bntire agreement It is understood and agreed that this entire Agreement supersedes 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 first written above. For the CITY � Bob �essler, Director of LIEP Approved as to form: l Ci Attomey