10-658Council File # 10-658
Green Sheet # 3115241
F
Presented by
RESOLUTION
PAUL, MINNESOTA
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1 WHEREAS, the Association for Nonsmokers — Minnesota (ANSR) has for yeazs assisted the City
2 of Saint Paul's Department of Safety and Inspections (DSI) financially in their efforts to limit youth access
3 to tobacco products; and
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5 WHEREAS, the City of Saint Paul has used this funding successfully in the past to reduce the
6 frequency of point-of-sale advertising and other tobacco marketing practices aimed towards children; and
8 WHEREAS, DSI and ANSR have also, and will continue to, work together to educate the
9 community on the promotional and marketing sales practices used by the tobacco industry designed to
10 target youth; and
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12 WHEREAS, DSI will provide technical assistance to ANSR in the interpretation of xelevant Saint
13 Paul Codes of Ordinances; and
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15 WHEREAS, DSI will also assist ANSR with: analysis of data on point-of-sale approaches,
16 ordinance review and enforcement, providing information to ANSR regarding the sale of "loosies,"
17 cigarettes, imitation tobacco products, novelty lighters, paraphernalia and outside signage,
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19 NOW, THEREFORE, BE IT RESOLVED that the Saint Paul City Council approves of the
20 attached agreement between the City of Saint Paul DSI and ANSR, and
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BE IT ALSO RESOLVED that the Council thanks ANSR for their generosity in the amount of
$4,000 and also thanks ANSR for their efforts to curtail youth access to tobacco products.
Requested by Depamnent of:
Safery and Ins ections
By: � �
Byprovettb� the OffiCe Financ��es
�/ CJn,�L�X
Approved by City Attorney
Adoption Certified by Council ecretary
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Approve� � r: ate � Zg Zo
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By:
Approved y Mayor fo �Submission� to Council
BY ?' :.LI�P'i�—.�CY-Q Q.c�s�
Adopted by Council: Date �%����jC�
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
SI — Dept. of Safety & Inspections � 15 JUN 2010
' ConWCt Person 8 Phone:
�'�� Christine A. Rozek
� 266-9108
Must Be on Council Agenda by (Date):
Doc. Type: RESOLUTION
E•DOCUment Required: Y
Document Contact: Robert Humphrey
Contact Phone: 266-9123
�
Assign
Number
For
Routing
Order
Green Sheet NO: 3115241
0 �pept. atSafetv & Inspecdons � '
] eDt. of Safety & Inspections ( ' Deoartment Director
2 iNAttorney CityAttorney
3 a or's Office MayodAssistant
4 ouncil City Council
5,City Clerk I Citv Cle�k �
- 7ota1 # of Signature Pages, (Clip All Locations for Signature)
— _-1,
i Action Requested:
'� Approval of a Resolution authorizing the Saint Paul Department of Safety and Inspections (DSI) to receive a grant of $4,000 from the
� Association for Nonsmokers -- Minnesota (ANSR) [o assist DSI in their efforts to limit youth acczss to tobacco products. ,
Recommendations: Approve (A) or Reject (R):
Planning Commission
C18 Committee
Civil Service Commission
Personal Service Contracts Must Answer the Following Questions:
1. Has this personlfirm ever worked under a contract for this department?
Yes No
2. Has this persoNfirm ever been a city employee?
Yes No
3. Does this perso�rm possess a skill not normally possessed by any
cUrrent city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet.
�I Initiating Problem, Issues, OpportuNty (Who, What, When, Where, Why):
��� ANSR has been of great assistance to DSI over many years in their efforts to reduce youth access to tobacco. Council action is
�, necessary in order for DSI to accept ANSR's generous offer of support and also to thank ANSR for their assistance to DSI.
Advantages If Approved:
'�, DisadvantagesifApproved:
DisadvanWges If NotApproved:
Total Amount of
T�ansaMion:
Funding Source:
Financiai Information:
(Explain)
June 15, 2010 3:08 PM
CosURevenue Budgeted:
Activity Number.
Page 1
10-658
ACYR��M�N'I' B�+ TWE�+ N TIiE CITY OF SAIliTT Pt4�7L,'S DEPAl2T1VIEliT'Y'
OF SAFELY AND INSEPC'I'IONS AND TAE AS50CIATION FOR
NONSMOY�ERS - MINNESOTA
THIS AGREEMENT made and entered into this the first day of 7anuary, 2010 between the
Association for i�ionsmokers — Minnesota, hereinafter referred to as "ANSR," and the City of Saint
Paul Department of Safety and Inspections, hereinafter referred to as "Consultant."
ANSR and Consultant, in consideration of the mutual teTms and conditions, promises, covenants,
and payments hereina$er set forth, agree as follows:
SECTION 1: SCOPE OF SERVICES
The Consultant agrees to provide technical assistance to ANSR and its coalition partners, in their
eiforts to:
e Reduce the frequency of point-of-sale advertising and other marketing practices in the
project area of Ramsey County, South Saint Paul, and West Saint Paul.
a Increase the number of nonprofit organizations and community events and festivals that
have written tobacco-fi�ee funding policies in Ramsey County, South Saint Paul, and West
Saint Paul.
o Educate the community on the promotional and marketing sales practices used by the
tobacco industry designed to target youth, effects of these practices.
A. Consultant will:
1. Provide technical assistance in the interpretation of relevant Saint Paul Code of
Ordinances, herein after referred to as "codes";
2. Assist in analysis of data on point-of-sale approaches;
3. Assist in ordinance review and enforcement;
4. Provide information on the complaints received regarding relevant codes including but
not limited to the sale of Joosies, cigarettes, imitation tobacco products, novelty lighters,
paraphernalia, and outside signage;
5. Provide information on all cigarette violations for 2010 as available;
6. Ootain written pre-approvai from ANSR prior to making changes in the approved grant
duties and/or the budget; producing media/communications pieces; conducting surveys
and evaluations; equipment purchases, and out-of-state travel. As AI�rSR must get prior
approval from the STATE, no changes may be carried out until ANSR has received that
approval;
7. Meet in person or by phone at least quarterly with the sub-contact manager and
participate in quarterly coalition meetings;
8. Attended quarterly coalition meetings and update coalition members on finding;
9. Reporting: By July 7, 2010; 7anuary7, 201 l; Consultant shall submit to ANSR a
proa ess report in a format determined by ,�NSR on each of the above contract duties.
Consultant will maintain all records for at least six (6) years following completion of the
contract.
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SECTYON 2: TIlV1E FOR COlVIPLETION
The services described in Section 1 sha11 be effective January l, 2010 to December 31, 2010 and
will be completed in accordance with the schedule and work plan mutually agreed upon between
ANSR and Consultant.
SECTION 3: BILLING AND PAYMENT
A. The amount shall fu11y compensate the Consultant for a11 agreed upon costs. No claim for •
services and/or Costs provided by the Consultant, not specifically provided for in the
agreement will be honored by ANSR. Total costs for the project shall not exceed $4,000.
B. Consultant shall submit itemized invoices by the following dates: Ju1y 7, 2010; Januazy 7,
2011. Upon receipt of the invoice, the Project Director sha11 verify the charges and payment
shall be made by ANSR within forty-five (45) days.
C. In the event Consuitant fails to comply with any terms or conditions of the Agreement or to
provide ir. aay manner t:�e work of services as agreed to herein, �iNSR reserves cne rignt to
withhold any payment until Al�TSR is satisfied that the corrective action has been taken or ,
completed.
SECTION 4: TEI2NIIl�ATI01�
A. This Agreenxent will continue in full force and effect until completion of the project as
described herein unless it is terminated at an earlier date by either party. Either party to this
Agreement may terminate it by giving no less than thirry (30) days written notice of the
intent to terminate to the other party.
B. In the event oftermination, ANSR wi11 pay Consu]tant for all services actually, timely, and
faithfully rendered up to the receipt of the notice of termination and therea$er until the date
of termination.
SECTION 5: AMENDMENT OR CIIANGES TO Tf� AGREEMENT
A. ANSR or Consultant may request changes that would increase, decrease, or otherwisz
modify the scope of services. Such changes and method of compensation shall be
authorized in writing in advance by ANSR.
B. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement sha11
be valid only when reduced to writing and duly signed by the parties.
SECTION 6: STATE AUDITS AND GUIDELIlVES
The books, records, documents, ar.d accounting procednres and practices of Coasul*ant relevz.^.t to
this Agreement shall be made available and subject to examination by the STATE, including the
contracting Agency/division, Legislative Auditor, and Sate Auditor for a minimum period of six (6)
years from the end of this contract tenn.
The STATE shall have the right to require transfer of all equipment purchased with contract funds
(including tit]e) to the STATE or to an eligible non-STATE pariy named by the STATE. This right
will normally be exercised by the STATE only if the project or program for which the equipment
was acquired is transferred from one grantee to another.
GRAiVTEE sha11 make available to the STATE any products or materials produced by activities
supported with these funds.
GRANTEE and/or a subcontractor, mini-grantee or contractor shall not purchase commercial and/or
traditional tobacco products without prior approval from the STATE Authorized Representative.
Commercial and traditional tobacco products may onl,v be ourchased and used for educational
purposes, must be stored in a secure locafion when not in use for educational purposes, and cannot
10-658 '
be used or consumed for individual purposes. Upon grant expiration, products must be retumed to
the STATE and cannot be resold or consumed. The total do11az amount for purchases shall not
exceed $50 (fifty dollars) in 2010 unless approved by the STATE Authorized Representative.
GRANTEE and/or subcontractor, contractor or mini-grantee must obtain prior written approval
from the STATE Authorized Representative to write for publication and/or prior to publishing any
journal articie, publication or other paper that includes STATE fiznded activities, survey findings,
data or information pertaining to the STATE funded program.
GRANTEE must follow the protocol as outiined by the STATE.
GRANTEE and/or subcontractor, contractor or mini-grantee must include the following wording on
all communication materials (broadcast, print or online), presentations, posters, surveys or other
items deve!eped with STATE u„d;: Funded by a Tooacco-Free Communities Grant from the
Minnesota Department of Health, Office of Tobacco Prevention and Control.
SECTION 7: OWNERSFIIP OF MATERIALS AND INTELLECTUAL PROPERTY
RIGHTS
A. The STATE shall own all rights, title and interest in a11 of the materials conceived or created by
Consultant, its employees or sub-contractors, either individually orjointly with others, and which
arise out of the performance of this grant agreement, including any inventions, reports, studies,
designs, drawings, specifications, notes, documents, software and documentation, computer based
training modules, electronically, magnetically or digitally recorded material, and other work in
whatever form, hereinafter referred to as "MATERIALS."
Consultant hereby assigns to the STATE all rights, title and interest to the MATERIALS.
Consultant shall, upon request of the STATE, execute a11 papers and perform all other acts
necessary to assist the STATE to obtain and register copyrights, patents or other forms of protection
provided by law for the MATERIALS. The MATERIALS created under this grant agreement by
Consultant, its employees or sub-contractors, individually or joint]y with others, shall be considered
"works made for hire" as defined by the United States Copyright Act. All of the MATERIALS,
whether in paper, electronic, or other form, shall be remitted to the STATE by the Consultant. The
ConsultanYs employees and any sub-contractors, shall not copy, reproduce, allow, or cause to have
the 1VIATERIALS copied reproduced, or used for any purpose other than perfo;mance of
ConsultanYs obligations under this grant agreement without the prior written consent of the
STATE'S authorized representative.
B. Consultant represents and warrants that MATERIALS produced or used under this grant
Agreement do not and will not infringe upon any intetlectual properry rights of another including
but not limited to patents, copyrights, trade secrets, trade names, and service marks and names.
Consultant shall indemnify and defend the STATE, at Consultant's expense, from any action or
claim brought against the STATE to the extent that it is based on a claim that all or part of the
MATERIALS infringes upon the inteltectual properiy rights of another. Consultant shatl be
responsible for payment of any and all such claims, demands, obligations, liabilities costs, and
damages including, but not limited to, reasonable attorney fees arising out oi this Agreement,
amendnents and supplements thereto, which are attributable to such claims or actions. If such a
claim or action arises or in Consultant's or the STATE'S opinion is likely to arise, Consultant shall
at the STATE'S discretion either procure for the STATE the right or license to continue using the
MATE?Z?ALS at issue or replace or modify :he allegedly
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infringing MATERIALS. This remedy shall be in addition to and sha11 not be exclusive of other
remedies provided by law.
SECTION 8: ENTII2E AGREEMEN'I'
It is understood and agreed that this enfire Agreement supersedes al1 oral agreement and
negotiations between parties relating to the subject matter herein.
The parties hereto have executed this Agreement, the day znd year first written above.
For fhe - ssociation for Nonsmokers —1VIinnesofa
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1kYJ� anne Weigum`—�residerl`t Date
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For the City of Saint Paul's Deparfinenf of Safety and Inspections
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Bob Kessler — Director Date
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10-65
Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
I, Departmentl�celCouncil: : DatefnNiated:
SI -Dept.ofSafety&Inspections ; 15JUN2010 � Green Sheef fVO: 3115242
Contact Person & Phone: ', �
, Chnstine A. Rozek ;
266-9108
I Assign
I Must Be on Council Agenda by (Date): I Number
� For
Routing
�; Doa Type: OTHER I Order
�� AGREEMENT/CONTRACT
I E-Document Required: N j
� Document Contact: I �
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InitlallDate
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Contad Phone:
' Total # of Signature Pages _(Clip All Locations for Signature)
'�, Action Requested:
�I Approval of a Conhact in ordec for the Saint Paul Department of Safety and Inspect�ons (DSI) to accept $4,000 in funding from the
�'� Associa[ion for Nonsmoket's — Minnesota (ANSR) for DSI's activiries to reduce youth access to tobacco ',
Recommendations: Approve (A) or Reject (R):
Planning Commission
CB Committee
Crvd Service Commission
Personal Service Confracts Must Answer the Following Questions:
1. Has [his perSONfirm ever worked under a contract for this department?
Yes No
2. Has this person(firm ever been a cRy employee?
Yes No
3. Does this person/frm possess a skill not normally possessed by any
current ciry employee�
Yes No
Explain all yes answers on separate sheet and atfach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
ANSR has generously offeted to provide DSI $4,000 in assistance in cetum for technical expeRise zegarding youth access to to6acco.
DSI and ANSR have had this relarionship for many years.
, AdvantageslfApprovetl:
Disadvantageslf Appioved:
Disadvantaggs 14 Plot Approved:
Total Amount of
Transaction:
Funding Source:
Financi a l Infortnati on:
(Explain)
CostlRevenue Budgeted:
Activity Number:
June 15, 2010 3:04 PM Page 1