Loading...
HomeMy WebLinkAboutIowa Alcoholic Beverages Division-28E Agreement,Tobacco Enforcement08.13.2007 aer-244/14,014-15, °D-66-7 28E AGREEMENT FOR TOBACCO ENFORCEMENT SCHEDULE 3 THIS AGREEMENT is made and entered into on this 3 day of s -F , 2007 by and between the Iowa Alcoholic Beverages Division ("ABD"), and the Waterloo Police Department (the "Department"). The parties agree as follows: SECTION 1. IDENTITY OF THE PARTIES. 1.1 Iowa ABD. The ABD is authorized pursuant to Iowa Code Chapter 142A and a 28E Agreement with the Iowa Department of Public Health to provide enforcement for Iowa's tobacco laws. The ABD's address is: 1918 SE Hulsizer Road, Ankeny, Iowa 50021. 1.2 Department. The Department operates a duly recognized Iowa law enforcement agency. The Department's address is: Waterloo Police Department 715 Mulberry Street Waterloo, IA 50703 SECTION 2. PURPOSE. The parties have entered into this Agreement for the purpose of providing and funding tobacco enforcement activities in compliance with Iowa Code § 453A.2 (2003). SECTION 3. TERM. The term of the Agreement shall be from the aforementioned date through June 30, 2008, unless earlier terminated in accordance with the terms of the Agreement. SECTION 4. FILING. Pursuant to Iowa Code § 28E.8, the ABD shall file the Agreement with the Iowa Secretary of State and the Department shall file the Agreement with the applicable County Recorder. SECTION 5. RESPONSIBILITIES OF THE PARTIES. 5.1 Responsibilities of the Department. 5.1.1 Local Tobacco Enforcement. The Department shall provide tobacco enforcement of Iowa Code § 453A. 5.1,5 Routine Enforcement. In addition to conducting compliance checks, the Department agrees to regularly enforce youth smoking laws by ticketing youth offenders. 5.1.6 Cops-in-Shops. The Department agrees to cooperate with the ABD in conducting "cops-in-shops," or similar programs designed to deter youth from attempting to purchase cigarettes or tobacco products. 5.1.7 Civil Proceedings. The Department shall cooperate with city, county and state prosecutors if civil permit proceedings are initiated against a tobacco permit holder. The Department shall also cooperate in proceedings against cited clerks and minors. Cooperation shall include, but not be limited to, sharing investigative reports and copies of issued citations, as well as providing witness statements and testimony. 5.1.8 Compliance Reports. The Department shall provide monthly y reports to the ABD in the manner prescribed by the ABD. In addition, if requested, the Department shall provide this data to the Iowa Department of Public Health for audit or performance evaluation to meet reporting requirements established by the Iowa Legislature or by the Office of the Governor of Iowa. 5.1.9 Community Partnership. The Department shall fully cooperate with, and be an active participant in, their local tobacco community partnership. Community partnerships are charged with reducing tobacco use by youth and pregnant women, as well as working to promote compliance by minors and retailers with tobacco sales laws and ordinances. If a local community partnership does not exist at the time the Agreement is executed, the Department shall become an active participant within thirty (30) days of the establishment of a local community partnership. 5.1.10 Miscellaneous. The Department shall be responsible for the day-to-day administration of their tobacco enforcement activities. The Department shall provide all office space, equipment and personnel necessary to conduct tobacco enforcement activities under the Agreement. The Department is solely responsible for the selection, hiring, disciplining, firing and compensation of its officers. 5.2 Responsibilities of the ABD. 5.2.1 Enforcement Guidance. The ABD shall provide guidance on tobacco enforcement to the Department, if needed, and cooperate with the Department in the performance of the Agreement. 5.2.2 Payment. The ABD shall pay the Department in the manner described in Section 6. 5.2.3 Cooperation. If ABD believes that any officer of the Department fails to perform duties in a manner that is consistent with the Agreement, the ABD 3 SECTION 8. NO SEPARATE ADMINISTRATIVE ENTITY. No new or separate legal or administrative entity is created by the Agreement. SECTION 9. NO PROPERTY ACQUIRED. The ABD and the Department, in connection with the performance of the Agreement, shall acquire no real or personal property. SECTION 10. TERMINATION. 10.1 Termination For Convenience. Following thirty (30) days written notice, either party may terminate the Agreement, in whole or in part, for convenience without the payment of any penalty or incurring any further obligation to the non-terminating party. Following termination for convenience, the non-terminating party shall be entitled to compensation, upon submission of invoices and proper proof of claim, for services provided under the Agreement to the terminating parry up to and including the date of termination. 10.2 Termination for Cause. The occurrence of any one or more of the following events shall constitute cause for any party to declare another party in default of its obligations under the Agreement: 10.2.1 Failure to observe and perform any covenant, condition or obligation created by the Agreement; 10.2.2 Failure to make substantial and timely progress toward performance of the Agreement; 10.2.3 Failure of the party's work product and services to conform with any specifications noted herein; 10.2.4 Infringement of any patent, trademark, copyright, trade dress or any other intellectual property right. 10.3 Notice of Default. If there occurs a default event under Section 10.2, the non- defaulting party shall provide written notice to the defaulting party requesting that the breach or noncompliance be immediately remedied. In the event that the breach or noncompliance continues to be evidenced ten days beyond the date specified in the written notice, the non-defaulting party may either: 10.3.1 Immediately terminate the Agreement without additional written notice; or, 10.3.2 Enforce the terms and conditions of the Agreement and seek any available legal or equitable remedies. In either event, the non-defaulting party may seek damages as a result of the breach or failure to comply with the terms of the Agreement. 5 13.6 Headings or Captions. The paragraph headings or captions are for identification purposes only and do not limit nor construe the contents of the paragraphs. 13.7 Not a Joint Venture. Nothing in the Agreement shall be construed as creating or constituting the relationship of a partnership, joint venture, association of any kind or agent and principal relationship between the parties. Each party shall be deemed an independent contractor acting toward the expected mutual benefits. No party, unless otherwise specifically provided for herein, has the authority to enter into any contract or create an obligation or liability on behalf of, in the name of, or binding upon the other party to the Agreement. 13.8 Supersedes Former Agreements. The Agreement supersedes all prior Agreements between ABD and the Department for the services provided in connection with the Agreement. 13.9 Waiver. Except as specifically provided for in a waiver signed by duly authorized representatives of ABD and the Department, failure by any party at any time to require performance by the other party or to claim a breach of any provision of the Agreement shall not be construed as affecting any subsequent breach or the right to require performance with respect thereto or to claim a breach with respect thereto. 13.10 Notices. Notices under the Agreement shall be in writing and delivered to the representative of the party to receive notice (identified below) at the address of the party to receive notice as it appears below or as otherwise provided for by proper notice here under. This person shall be the Contact Person. The effective date for any notice under the Agreement shall be the date of delivery of such notice (not the date of mailing) which may be effected by certified U.S. Mail return receipt requested with postage prepaid thereon or by recognized overnight delivery service, such as Federal Express or UPS. Failure to accept "receipt" shall constitute delivery. If to ABD: Nicole Gehl Operations Manager Iowa Alcoholic Beverages Division 1918 SE Hulsizer Road Ankeny, Iowa 50021 515-281-7461 Email: Gehl@IowaABD.com If to Department: Chief Thomas Jennings Waterloo Police Department 715 Mulberry Street Phone: 319.291.4339 Fax: 319.291.4332 frank.krogh@waterloo-ia.org 7 t as may reasonably be required for carrying out the expressed intention of the Agreement. SECTION 14. EXECUTION. IN WITNESS WHEREOF, in consideration of the mutual covenants set forth above and for other good and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the parties have entered into the Agreement and have caused their duly autho ed representatives to execute the Agreement. IOWA A IC ' ' GES DIVISION DEPARTMENT By. By: )7 ,87,- LY tN I` ALDI G,Administrator J p Witness: A,_ Witness: N OLE GEHL, Operations Manager 9 f e e