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98-932Council File # 9 g - �. `3a• Green Sheet # 50 35 ORlG�J�At Presented By Referred To Committee: Date 2 WHEREAS, the City of Saint Paul entered into an Agreement dated August 1, 1987 in 3 which the State of Minnesota, Department of Health and the City of Saint Paul agreed that the 4 Minnesota Departrnent of Health would delegate to the City its power and dury to inspect food, 5 beverage and lodging facilities within the City; and 6 7 8 9 10 11 12 WT3EREAS, the Minnesota Department of Health adopted revised rules and regulafions regazding the inspecrion of food and beverage establishments which necessitate an amendment to the August 1, 1987 Agreement; now, therefore, be it 1ZESOLVED, that the proper City authorities are hereby authorized to execute an Amendment to the August I, 1987 Agreement. Requested by Department of: L � / �i,��L�.7/_�L FoTm By: Adoption Certified by Council Secretary Approved By: g�/ Approved by [g. ate Z ( &y: RESOLUTION CITY OF SA1NT PAUL, MINNESOTA � City £or Council Adopted by COUncil: Ddte �� \�{ \�� OE'FICE OF LIEP Date: 9/28/98 GRE EN S H E E T 3 Gary J. Pechma.nn N° 50355 �Y'� = 1 EPARTMENT DIRECTOR 9� ITY COUNCIL 'z ITY ATTORNEY ITY CLERK ust be OIl Council Agenda UDGET DIRECTOR FIN. 6 MGT. SVC. DIR. y: 11/1/98 xox tox nsszsrawxt OTAL # OE' 3IGNATURPs PAGES 1 (CLIP AI.L LOCATIONS FOR SIGNATLIRE) CTION REQUESTED:COUncil Approval of an admendment to the delegation agreement etween the Minnesota Department of Health and the City Of Saint Pau1 RECOh41ENDATIONS: APPROVE (A) OR REJECT (R) SgRViCg CONTRALSS !ffiST AN51�lt R� MLLOWINB: PLANNING COI�IISSION CIVIL SERUICE CONAIISSION 1. Has the person/firm ever worked under a contract for this department? CIH COlAffTTEE _ BUSINESS REVIEW COUNCIL YES NO STA£F _ 2. Has this person/firm ever been a City employee? DISTRICT COURT _ YES NO 3. Does this person/£ixm possess a skill not noxmally possessed by a�. SUPPORTS Y7HICH COONCZL OBJECTIVE? Current City employee? YES NO lain all YES aasaess on a separate sheet aad attaeh_ INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): The city of Saint Paul has an agreement with the Minnesota Department of ealth. Under this agreement the State has delegated to the City it's power and duty to inspeCt food, beverage and lodging facilities within the City. The innesota Department of Aealth have revised their rules and regulation for these faCilities and wishes to amend the delegation agreement to rePelect this change. VANTAGES iF APPROVED: The delegation agreement will refelect the approved rules and regulations. DISADVANTAGES IF APPROVED: one DIS�BVANTAGES IF NOT APPROVED: �fe City of Saint Paul is still required to fo3.low current state law. TOTAL AMOUNT OF TRANSACTION S 0 COST/REVENUE BUDGETED YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL, INFORMATION: (EXPLAIN) � SEP 3 0 i998 ��;� �� °� o��ecs OCT a 2 i939 minnesota department of health 717 s.e. dalaware st. p.o. box 9441 minneapoiis 55440 0 1672)623�5000 March 11, 1988 Ms. Judith Barr Public Health Services Manager Public Health Center 555 Cedar Street St. Paul� Minnesota 55101 Dear Ms. Barr: �� _ q3a- F�closed is your agency's copy of the fully executed Environmental Health Delegation Agreement between the City of St. Paul and the Minnesota Department of Health. We appreciate your cooperation regarding this matter and look forward to continuing our Working relationship. If you have any questions� please co�nunicate with me at 612/623-5341. Sincerely yours� — M�� %J , �a�� Frederick Mitchell� R.S_ Section Chief Cosmunity Environmental Services MFM:ec Enclosure cc: Gary Pechm3nn Frank Staffenson an equal opportunity employer � U 9J'.- �� °I8 - `I3'y AGREEMENT 7HZS AGREEHENT, eftective on the lst day ot August 79g7, � made and entered into, by and betWeen the Commissioner ot Health, hereinatter referred to as the "State", and the City of St, paul, hereinatter reterred to as the "City^, pursuant to LaWS of Hinnesota, 1gg7, ChaDter 3pg, WITNESSETH: WHEREAS, the State, as set out Sn Lavs of Minnesota, 1987, Chapter 309, Minnesota Statutes, Chapters 144, 745, 156A., 157, 326, 327 has the responsibility to inspect and regulate facilities for the purpose of preventing and aCating environmental health hazards; and WHEN6AS, the City has an environmental health staff which is authorSzed and has the capabllity to provide technical advice, revieW plans, sample, inspect and entOrce the rules for the facilities as addressed in the attachments hereto; NOW, THEREFORE, THE 5•fATE AND THE CIiY JOINiLY AGAEE as follows: 1• The State hereby delegates to the City and the City hereby agrees to carry out the provisions contalned in the attachment hereto uhich is incorporated into this Agreement and uhich is identified as qttachment I entitled FooO, Heverage and Lodging Establishinents, consisting of three pages, It is understood that this agreement does not delegate authorities uhich are the responsSbllity of the Department of Agriculture, the pollution Control Agency, or any other state agency. 2• Except as othervise noted, on the effective daee of this Agreement, the State will discontinue all of the activities which the City agrees to Undertake, as provided in the Attachments, °1t ' q 3Y 3. Hinimum pualiflcations for Environmental Health Statf. All delegated activitles except thosa whlch contain other specific personnel qualifications w111 be conducted by personnel who are ftegistered Sanitarlans unless otherwise approved by the Minnesata Department of Health. It is understood that any individual hired t0 perform delegated activities Nho meets minimum academic qualifications uill be allowed up to two years . to become registered, 4. The City sha11 address in their CHS plans hoN they will maintain coverage in staff absences using qualiCied non-State personnel. The State wlll be notified immediately if the City cannot tulfill its responsibility. 5. Rhe State will provide, wlthout cost to the City, orientation, tralning, consultation on problems, and other supportive services for the environmental health staff of the City, The State uill provide, without cost to the City, consultation and advice on rules promulgated Dy the State uhich are to be enfo�ced by the City. In addition, the State NS11 provide on-site consultatlon to the Clty�s environmental program at leest once a year, 6. The State Will conduct a formal evaluaCion of the City's program not more than once a year and not less than once every three years to dete�mSne its continued compliance xlth this Agreement. A written report on the results of the evaluation Including progress made since the last evaluation and SdentSfication of new deficieneies shall be submitted to the Glty, Tho minimum aoouptablu sY,nndard for bhn City�s pertormance is prescribed in the approprlate attachments. ❑ qg "� 7, ACter program evaluatlon hy the State, the City xill be notlfled in the repor't that the State finds that the program falls Sn one of the three following categories; a, The program is acceptable. b. The program is unacceptable. 7he program evaluation has identified certain specified problems that make the program unacceptable and the program is placed on provSsional status. The progiam is then requlred to submlt a plan of correction within 60 days; ur c. The program is immediately terminated. The evaluation has identifSed certain specified problems, the seriousness of which requires immedlate termination of the program. Termination by the State shall be accompanied by documentatlon that the City�s ppograms require such termination. $. This Agreement shall continue in effect until termSnateG by either party. The Agreement shall be confirmed in the CHS Plan during each CHS planning cycle. 9. NoLice of termination shall be made in Writing to the State no less than one year prlor to the beginning of the calendar year in xhich the termination Nill become effective, 10. In the event that the City does not provide services during the termination process, the City must contract with another qualified paYty, or ad�acent county/city to continue provision of services for the duration of the Agreement. 11. Any alterations, amendments, deletions, or vaivers of the provisions of this Agreement shall be valid only uhen expressed in writing and duly signed by the parties. °l�'q3�' 12. It is understood and agreed that the entire agreement of the partles Ss contained herein and that this Agreement �upercedes all oral agr'eementa and negotlations between the parties relating to the sub,Ject matter hereof as well as any previous agreements presently in eftect betveen the parties relating ta the same subJect hereof. 13• This Agreement shall be effective on August 1, 1987. IN NITNESS NHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers as of the dates shown below. HINNESOTA DEPARTMENT OF HEALTN By '�� 4t.A�0.-9�w—�—A. WCAi.�� Commissi ner Date �-(/—gg CITY OE ST. PAUL By ��'� ayor Date 3�4�8g v 8y: Director Depar ment of �� Flnance and Management 3,�{-T� Services Date 3J4/88 Approved as to Form: //_,_, /) c By:'C7 hssistant Cit Attorney Date; /5 y Br� i _ (�. �F , f ✓r?k- Ditector, DepartmenC of Community Services �... � L f ��5 Date: �$ ' °13 �- Attachment I Food, Beverage and Lodging Establishments A. The Clty shall perform the funetions assigned to the State by Minnesota Statutes, Chapter 157, regarding hotels, motels, boarding houses, lodging houses, restaurants, places of refreshment, and resorts (hereafter referred to as tood, beverage and L�dging establishments) located in the City of St, Paul and shall enforce all applicable ordinances pertaining thereto. 8. The City agrees to enforce ordinances adopted by the City with an eftective date of not later than August 7, 7987, establishing standards for tood, beverage and lodgSng establish— ments which are at least equlvalent to the minlmum standards established by Minnesota Statutes, Chapter 157, and rules promulgated thereunder. Nothing ln this paragraph may be con— stYUed to prohibit the City from enforcing ordinances Nith mure stringent requirements than those contained in Minnesota Statutes, Chapter 157, and rules promulgated thereundeY. �� C. The City shall Snspect food, beverage and lodging facilities to determSne compllance rrith Nlnnnesota rules, parts 4625.0100 to 4625.2300 (lodging), garts A625•240a to 4625.5000 (food and beverage), parts 4717,0700 to 4717.3900 (suimming pool` and parts 4620.0100 to 4620.1500 (clean indoor air), and shall respond to complaints relating to standards prescribed in the rules. The City shall inspect each food, beverage and lodging S.estaDlishment at least at the frequenoy prescribed in tllnnesota � �" �°StaC�utea Chapter°,757,� The City^�ahall make follo,ft—up :' �S+ a�k.i . g,x-� t � i 'iz , .i�;... - "- � !�,*F, .t 3 ?�y'inspeations�if * necessary�to�'assure compliance qith orders - � xt � �.,° - ",.. � . ,. . . ' . '' �:�{':},t5� :. - . . ; � . . -"'_<��.��eorrection of deCiciencies. p�blic non—eommunity xater supplies ;,`�rserving food, beverage and lodging Tacilities shall be sampled 6y , the City in accordance wiCh Hinnesota rules, parts 4720.0010 to 4720.A600. � � -a3�- D. The City shall prepare Snsqaction reports uhich contain a statement of vlolations, o�ders for correction of viulations, and set,dates af compllance. These reports shall be available ` for revleu by the State at reasonaEle times. E. The City shall review and approve plans and inspect neu construction, andlor alterations or additions to ezisting facilities to determine compliance with State rules relating to food and beverage establishments Cparts 4625•2400 to 4625.5000), lodging establishments (parts 4625.0700 to 4625•2300), and individual sewage treatment systems (parts 7080.0010 to 7080.0240), prior to commencement of constructlon or remodeling activity. The City Will make revieus of submitted plans and speciflcations available to the State upon request. Unless tha State has determSned that the City has technical ezpertise to review plans and specifications covering plumbing (parts 4715.0100 to 4715.5600), lndividual seuage treatment systems (parts 7080.0010 to 7080.0240), and waCer vells (parts 4725.C100 to 4725•7600) the C1ty shall submit such plans and specifications to the State for revierr. All publie sNimming pool iparts q7��.0100 to kT17•3900) plans and specitications shall be submitted to the State for review. The State Will reviex all � submitted plans and speciCicatlons wlthin 30 days. F. The City shall perform the inspection, licensing, enfo�cement and other aervices agreed to herein Without cost to the State except for subsidy funds and special grants. , G. The CSty kill submit to the State a list of food, beve�age and lodging establishments with the annual CHS data reports on April 7 oC each year. ihe tacilities listed are those licensed or permitted as ot December 31 of each year. �d � H. The State, utSllzing United States Food and , Drug Administration reaommended procedures antl format, Will surYey and evaluate the Clty's activities for Sood and beverage establlshments and the State evaluation procedures for lodging establishments in accordance with prov�siuns ot item 06 of this Agreement. The State xill submit a survey and evaluation report to the City. The report rrill identify deficiencies in the activitles, Sf any, and note conditions that'must be met to maSntain the Ag�eement in force. I. The State and the City w111 each assSgn a person to serve as a liaison and to be rasponsible for maintaining communications as to procedures and activlties of their respective groups. The liaison persons are: CI'fY STATE Frank Staffenson James ,f. Witkowskl q�' AMEtiDMENT Whereas, the City of St. Paul has a�reed to perform the functions assigned to the State by Minnesota Statutes, Chapter 157, re�arding licensing and inspection of hotels, motels, boarding houses, lodging houses, restaurants, places of refreshment, and resorts located in the City of St. Paul and has agreed to enforce all applicable statutes, rules, and ordinances pertaining thereto, including Minnesota Rules, parts 4625.2401 to 4b25.7800 (food code); and Whereas, Minnesota Rules, parts 4b25.2401 to 4625.7800 refened to in the aforementioned a� are being repealed; and Whereas, the State is adopting a new food code, Minnesota Rules, parts 4626.0010 to 4626.1870; NOW, THEREFORE, THE STATE AND THE CITY OF ST. PAtJL JOINTLY AGREE AS FOLLOWS: Minnesota Rules, parts 4626.0010 to 4626.1870, will replace all reference to Minnesota Rules, parts 4b252401 to 4625.7800, in the aforementioned Agreement, including attachments. 2. It is understood that this Amendment does not delegate authorities inciuded in Minnesota Rules, parts 4b26.0010 to 4626.1870, which are the responsibiliry of the Minnesota Department of Agriculture. This Amendment to Attachment I of the Agreement, made and entered into on August 1, 1987, by and between the Commissioner of Health and the City of St. Paui pursuant to Minnesota Statutes, section 145A.07 (1996), shall become effective upon adoption of the amended Minnesota Food Code (Minnesota Rules, parts 4626.0014 to 4626.1870). 4. The state recogni2es that there may not be sufficient time before the effective date of the 1998 food code amendments to provide training on the changes in the amended nzles to St. Paul city employees. Therefore, until such time as training is offered, the state intends to take no adverse action against the City of St. Paul for unintentional failure to enforce provisions whose substance first appeazs in the 1998 food code amendments. IN WITI3ESS WHEREOF, the parties have caused this A.mendment to be executed by their duly authorized officers as of the dates shown below. MINNE50TA DEPARTMENT OF HEALTH {BOARD, ETC} � Date: Commissioner By: Date: By: Date: Mayor and City Manager Attorney (city, county) s Joe Reid, Director of Financial Services Date: q � � 3 � AMENAMENT Whereas, the Ciry of St. Paul has agreed to perform the functions assigned to the State by Minnesota Statutes, Chapter 157, regarding licensing and inspection of hotels, motels, boardin� houses, lod�in� houses, restaurants, places of refreshment and resorts located in the City of St. Paul and has agreed to enforce all applicable statutes, rules, and ordinances pertaining thereto, includin� Minnesota Rules, parts 4625.2401 to 4625.7800 (food code); and Whereas, Minnesota Rules, parts 4625.2401 to 462�.7800 referred to in the aforementioned agreement are being repealed; and Whereas, the State is adoptin� a new food code, Minnesota Rules, parts 4626.0010 to 4626.187Q; NOW, THEREFORE, THE STATE AND THE CITY OF ST. PAUL 701NTLY AGREE AS FOLLOWS: Minnesota Rules, parts 4626.0010 to 4626.1870, wil] replace all reference to Minnesota Rules, parts 4625.2401 to 4625.7800, in the aforementioned Agreement, including attachments. It is understood that this Amendment does not delegate authorities inciuded in Minnesota Rules, parts 4626.0010 to 4626.1870, which are the responsibility of the Minnesota Department of Agriculture. 3. This Amendment to Attachment I of the Agreement, made and entered into on August i, 1987, by and between the Commissioner of Health and the City of St. Paul pursuant to Minnesota Statutes, section 145A.07 (1946), shall become effective upon adoption of the amended Minnesota Food Code (Minnesota Rules, parts 4626.0010 to 4626.1870). The state recognizes that there may not be sufficient time before the effective date of the 1998 food code amendments to provide training on the changes in the amended nzles to St. Paul city employees. Therefore, until such time as training is offered, the state intends to take no adverse action against the City of St. Pau1 for unintentional failure to enforce provisions whose substance first appeazs in the 1998 food code amendments. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their duly authorized officers as of the dates shown below. MINNESOTA DEPARTMENT OF HEALTH {BOARD, ETC} e Date: Commissioner By: Date: By: Date: Mayor and City Manager Attomey (city, county) sy: Joe Reid, Director of Financial Services Date: Q AIRENDMENT �Vhereas, the City of St. Paul has agreed to perform the functions assi2ned to the State by Minnesota Statutes, Chapter 1�7, re�azding licensins and inspection of hotels, motels, boardin� houses, lodging houses, restaurants, places of refreshment, and resorts located in the City of St. Paul and has agreed to enforce all appiicable statutes, rules, and ordinances pertaining thereto, includin� Minnesota Rules, parts 4625.2401 to 4625.7800 (food code); and Whereas, Minnesota Rules, pazts 4625.2401 to 4b2�.7800 referred to in the aforementioned agreement aze being repealed; and Whereas, the State is adopting a new food code, Minnesota Rules, parts 4626.0410 to 4626.1870; NOW, THEREFORE, THE STATE AND THE CITY OF ST. PAUL JOINTLY AGREE AS FOLLOWS: Minnesota Rules, parts 4626.0010 to 4b26.1870, will rep]ace all reference to Minnesota Rules, parts 4625.2401 to 4625.7800, in the aforementioned Agreement, including attachments. 2. It is understood that this Amendment does not delegate authorities included in Minnesota Rules, parts 4626.0010 to 4626.1870, which are the responsibility of the Minnesota Department of Agriculture. This Amendment to Attachment I of the Agreement, made and entered into on August 1, 1987, by and beriveen the Commissioner of Health and the City of St. Paul pursuant to Minnesota Statutes, section 145A.07 (1996), shall become effective upon adoption of the amended Minnesota Food Code (Minnesota Rules, parts 4626.0010 to 4626.1870). 4. The state recognizes that there may not be sufficient time before ihe effective date of the 1998 food code amendments to provide training on the changes in the amended rules to St. Paul city employees. Therefore, until such time as training is offered, the state intends to take no adverse action against the City of St. Paul for unintentional failure to enforce provisions whose substance first appears in the 1998 food code amendments. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their duly authorized officers as of the dates shown below. MINNESOTA DEPARTMENT OF HEALTH {BOARD, ETC} : By: Date: By: Date: Mayor and City Manager Commissioner Date: Attomey (city, county) s Joe Reid, Director of Financial Services Date: ag - R � � A:1'IENDMEi3T Whereas, the City of St. Paul has a�eed to perform the functions assigned to the State by Minnesota Statutes, Chapter 1�7, regardin� licensing and inspection of hatels, moteis, boarding houses, lodging houses, restaurants, places of refreshment, and resorts located in the City of St. Paul and has agreed to enforce all applicable statutes, rules, and ordinances pertaining thereto, including Minnesota Rules, parts 4625.2401 to 4625.7800 (food code); and Whereas, Minnesota Rules, parts 4625.2401 to 462�.7800 referred to in the aforementioned a�reement aze bein� repealed; and Whezeas, the State is adopting a new food code, Minnesota Rules, parts 4626.0010 to 4626.1870; NOW, THEREFO1tE, THE STATE AND THE CITY OF ST. PAUL JOINTLY AGREE AS FOLLOWS: Minnesota I2ules, parts 4626.0010 to 4626.1870, wil] replace all reference to Minnesota Rules, parts 4625.2401 to 4625.7800, in the aforementioned Agreement, including attachments. 2. It is understood that this Amendment does not delegate authorities included in Minnesota Rules, parts 4b26.0010 to 4626.1870, which are the responsibility of the Pvlinnesota Department ofAgriculture. 3. This Amendment to Attachment I of the Agreement, made and entered into on August 1, 1987, by and between the Commissioner of Health and the City of St. Paul pursuant to Minnesota Statutes, section 145A.07 (1996), shall become effective upon adoption of the amended Minnesota Food Code (Minnesota Rules, parts 4626.0010 to 4626.1870). 4. The state recognizes ?hat there may not be sufficient time before the effective date of the 1998 food code amendments to provide training on the changes in the amended rules to St. Paul city employees. Therefore, untii such time as training is offered, the state intends to take no adverse action against the City of St. Pau1 for unintentional failure to enforce provisions whose substance first appears in the 1998 food code amendments. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their duly authorized officers as of the dates shown below. MINNESOTA DEPARTMENT OF HEALTH {BOARD, ETC} � By: Date: By: Date: Mayor and City Manager Commissioner Date: Attomey (city, county) By: 7oe Reid Director of Financial Services Date: Council File # 9 g - �. `3a• Green Sheet # 50 35 ORlG�J�At Presented By Referred To Committee: Date 2 WHEREAS, the City of Saint Paul entered into an Agreement dated August 1, 1987 in 3 which the State of Minnesota, Department of Health and the City of Saint Paul agreed that the 4 Minnesota Departrnent of Health would delegate to the City its power and dury to inspect food, 5 beverage and lodging facilities within the City; and 6 7 8 9 10 11 12 WT3EREAS, the Minnesota Department of Health adopted revised rules and regulafions regazding the inspecrion of food and beverage establishments which necessitate an amendment to the August 1, 1987 Agreement; now, therefore, be it 1ZESOLVED, that the proper City authorities are hereby authorized to execute an Amendment to the August I, 1987 Agreement. Requested by Department of: L � / �i,��L�.7/_�L FoTm By: Adoption Certified by Council Secretary Approved By: g�/ Approved by [g. ate Z ( &y: RESOLUTION CITY OF SA1NT PAUL, MINNESOTA � City £or Council Adopted by COUncil: Ddte �� \�{ \�� OE'FICE OF LIEP Date: 9/28/98 GRE EN S H E E T 3 Gary J. Pechma.nn N° 50355 �Y'� = 1 EPARTMENT DIRECTOR 9� ITY COUNCIL 'z ITY ATTORNEY ITY CLERK ust be OIl Council Agenda UDGET DIRECTOR FIN. 6 MGT. SVC. DIR. y: 11/1/98 xox tox nsszsrawxt OTAL # OE' 3IGNATURPs PAGES 1 (CLIP AI.L LOCATIONS FOR SIGNATLIRE) CTION REQUESTED:COUncil Approval of an admendment to the delegation agreement etween the Minnesota Department of Health and the City Of Saint Pau1 RECOh41ENDATIONS: APPROVE (A) OR REJECT (R) SgRViCg CONTRALSS !ffiST AN51�lt R� MLLOWINB: PLANNING COI�IISSION CIVIL SERUICE CONAIISSION 1. Has the person/firm ever worked under a contract for this department? CIH COlAffTTEE _ BUSINESS REVIEW COUNCIL YES NO STA£F _ 2. Has this person/firm ever been a City employee? DISTRICT COURT _ YES NO 3. Does this person/£ixm possess a skill not noxmally possessed by a�. SUPPORTS Y7HICH COONCZL OBJECTIVE? Current City employee? YES NO lain all YES aasaess on a separate sheet aad attaeh_ INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): The city of Saint Paul has an agreement with the Minnesota Department of ealth. Under this agreement the State has delegated to the City it's power and duty to inspeCt food, beverage and lodging facilities within the City. The innesota Department of Aealth have revised their rules and regulation for these faCilities and wishes to amend the delegation agreement to rePelect this change. VANTAGES iF APPROVED: The delegation agreement will refelect the approved rules and regulations. DISADVANTAGES IF APPROVED: one DIS�BVANTAGES IF NOT APPROVED: �fe City of Saint Paul is still required to fo3.low current state law. TOTAL AMOUNT OF TRANSACTION S 0 COST/REVENUE BUDGETED YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL, INFORMATION: (EXPLAIN) � SEP 3 0 i998 ��;� �� °� o��ecs OCT a 2 i939 minnesota department of health 717 s.e. dalaware st. p.o. box 9441 minneapoiis 55440 0 1672)623�5000 March 11, 1988 Ms. Judith Barr Public Health Services Manager Public Health Center 555 Cedar Street St. Paul� Minnesota 55101 Dear Ms. Barr: �� _ q3a- F�closed is your agency's copy of the fully executed Environmental Health Delegation Agreement between the City of St. Paul and the Minnesota Department of Health. We appreciate your cooperation regarding this matter and look forward to continuing our Working relationship. If you have any questions� please co�nunicate with me at 612/623-5341. Sincerely yours� — M�� %J , �a�� Frederick Mitchell� R.S_ Section Chief Cosmunity Environmental Services MFM:ec Enclosure cc: Gary Pechm3nn Frank Staffenson an equal opportunity employer � U 9J'.- �� °I8 - `I3'y AGREEMENT 7HZS AGREEHENT, eftective on the lst day ot August 79g7, � made and entered into, by and betWeen the Commissioner ot Health, hereinatter referred to as the "State", and the City of St, paul, hereinatter reterred to as the "City^, pursuant to LaWS of Hinnesota, 1gg7, ChaDter 3pg, WITNESSETH: WHEREAS, the State, as set out Sn Lavs of Minnesota, 1987, Chapter 309, Minnesota Statutes, Chapters 144, 745, 156A., 157, 326, 327 has the responsibility to inspect and regulate facilities for the purpose of preventing and aCating environmental health hazards; and WHEN6AS, the City has an environmental health staff which is authorSzed and has the capabllity to provide technical advice, revieW plans, sample, inspect and entOrce the rules for the facilities as addressed in the attachments hereto; NOW, THEREFORE, THE 5•fATE AND THE CIiY JOINiLY AGAEE as follows: 1• The State hereby delegates to the City and the City hereby agrees to carry out the provisions contalned in the attachment hereto uhich is incorporated into this Agreement and uhich is identified as qttachment I entitled FooO, Heverage and Lodging Establishinents, consisting of three pages, It is understood that this agreement does not delegate authorities uhich are the responsSbllity of the Department of Agriculture, the pollution Control Agency, or any other state agency. 2• Except as othervise noted, on the effective daee of this Agreement, the State will discontinue all of the activities which the City agrees to Undertake, as provided in the Attachments, °1t ' q 3Y 3. Hinimum pualiflcations for Environmental Health Statf. All delegated activitles except thosa whlch contain other specific personnel qualifications w111 be conducted by personnel who are ftegistered Sanitarlans unless otherwise approved by the Minnesata Department of Health. It is understood that any individual hired t0 perform delegated activities Nho meets minimum academic qualifications uill be allowed up to two years . to become registered, 4. The City sha11 address in their CHS plans hoN they will maintain coverage in staff absences using qualiCied non-State personnel. The State wlll be notified immediately if the City cannot tulfill its responsibility. 5. Rhe State will provide, wlthout cost to the City, orientation, tralning, consultation on problems, and other supportive services for the environmental health staff of the City, The State uill provide, without cost to the City, consultation and advice on rules promulgated Dy the State uhich are to be enfo�ced by the City. In addition, the State NS11 provide on-site consultatlon to the Clty�s environmental program at leest once a year, 6. The State Will conduct a formal evaluaCion of the City's program not more than once a year and not less than once every three years to dete�mSne its continued compliance xlth this Agreement. A written report on the results of the evaluation Including progress made since the last evaluation and SdentSfication of new deficieneies shall be submitted to the Glty, Tho minimum aoouptablu sY,nndard for bhn City�s pertormance is prescribed in the approprlate attachments. ❑ qg "� 7, ACter program evaluatlon hy the State, the City xill be notlfled in the repor't that the State finds that the program falls Sn one of the three following categories; a, The program is acceptable. b. The program is unacceptable. 7he program evaluation has identified certain specified problems that make the program unacceptable and the program is placed on provSsional status. The progiam is then requlred to submlt a plan of correction within 60 days; ur c. The program is immediately terminated. The evaluation has identifSed certain specified problems, the seriousness of which requires immedlate termination of the program. Termination by the State shall be accompanied by documentatlon that the City�s ppograms require such termination. $. This Agreement shall continue in effect until termSnateG by either party. The Agreement shall be confirmed in the CHS Plan during each CHS planning cycle. 9. NoLice of termination shall be made in Writing to the State no less than one year prlor to the beginning of the calendar year in xhich the termination Nill become effective, 10. In the event that the City does not provide services during the termination process, the City must contract with another qualified paYty, or ad�acent county/city to continue provision of services for the duration of the Agreement. 11. Any alterations, amendments, deletions, or vaivers of the provisions of this Agreement shall be valid only uhen expressed in writing and duly signed by the parties. °l�'q3�' 12. It is understood and agreed that the entire agreement of the partles Ss contained herein and that this Agreement �upercedes all oral agr'eementa and negotlations between the parties relating to the sub,Ject matter hereof as well as any previous agreements presently in eftect betveen the parties relating ta the same subJect hereof. 13• This Agreement shall be effective on August 1, 1987. IN NITNESS NHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers as of the dates shown below. HINNESOTA DEPARTMENT OF HEALTN By '�� 4t.A�0.-9�w—�—A. WCAi.�� Commissi ner Date �-(/—gg CITY OE ST. PAUL By ��'� ayor Date 3�4�8g v 8y: Director Depar ment of �� Flnance and Management 3,�{-T� Services Date 3J4/88 Approved as to Form: //_,_, /) c By:'C7 hssistant Cit Attorney Date; /5 y Br� i _ (�. �F , f ✓r?k- Ditector, DepartmenC of Community Services �... � L f ��5 Date: �$ ' °13 �- Attachment I Food, Beverage and Lodging Establishments A. The Clty shall perform the funetions assigned to the State by Minnesota Statutes, Chapter 157, regarding hotels, motels, boarding houses, lodging houses, restaurants, places of refreshment, and resorts (hereafter referred to as tood, beverage and L�dging establishments) located in the City of St, Paul and shall enforce all applicable ordinances pertaining thereto. 8. The City agrees to enforce ordinances adopted by the City with an eftective date of not later than August 7, 7987, establishing standards for tood, beverage and lodgSng establish— ments which are at least equlvalent to the minlmum standards established by Minnesota Statutes, Chapter 157, and rules promulgated thereunder. Nothing ln this paragraph may be con— stYUed to prohibit the City from enforcing ordinances Nith mure stringent requirements than those contained in Minnesota Statutes, Chapter 157, and rules promulgated thereundeY. �� C. The City shall Snspect food, beverage and lodging facilities to determSne compllance rrith Nlnnnesota rules, parts 4625.0100 to 4625.2300 (lodging), garts A625•240a to 4625.5000 (food and beverage), parts 4717,0700 to 4717.3900 (suimming pool` and parts 4620.0100 to 4620.1500 (clean indoor air), and shall respond to complaints relating to standards prescribed in the rules. The City shall inspect each food, beverage and lodging S.estaDlishment at least at the frequenoy prescribed in tllnnesota � �" �°StaC�utea Chapter°,757,� The City^�ahall make follo,ft—up :' �S+ a�k.i . g,x-� t � i 'iz , .i�;... - "- � !�,*F, .t 3 ?�y'inspeations�if * necessary�to�'assure compliance qith orders - � xt � �.,° - ",.. � . ,. . . ' . '' �:�{':},t5� :. - . . ; � . . -"'_<��.��eorrection of deCiciencies. p�blic non—eommunity xater supplies ;,`�rserving food, beverage and lodging Tacilities shall be sampled 6y , the City in accordance wiCh Hinnesota rules, parts 4720.0010 to 4720.A600. � � -a3�- D. The City shall prepare Snsqaction reports uhich contain a statement of vlolations, o�ders for correction of viulations, and set,dates af compllance. These reports shall be available ` for revleu by the State at reasonaEle times. E. The City shall review and approve plans and inspect neu construction, andlor alterations or additions to ezisting facilities to determine compliance with State rules relating to food and beverage establishments Cparts 4625•2400 to 4625.5000), lodging establishments (parts 4625.0700 to 4625•2300), and individual sewage treatment systems (parts 7080.0010 to 7080.0240), prior to commencement of constructlon or remodeling activity. The City Will make revieus of submitted plans and speciflcations available to the State upon request. Unless tha State has determSned that the City has technical ezpertise to review plans and specifications covering plumbing (parts 4715.0100 to 4715.5600), lndividual seuage treatment systems (parts 7080.0010 to 7080.0240), and waCer vells (parts 4725.C100 to 4725•7600) the C1ty shall submit such plans and specifications to the State for revierr. All publie sNimming pool iparts q7��.0100 to kT17•3900) plans and specitications shall be submitted to the State for review. The State Will reviex all � submitted plans and speciCicatlons wlthin 30 days. F. The City shall perform the inspection, licensing, enfo�cement and other aervices agreed to herein Without cost to the State except for subsidy funds and special grants. , G. The CSty kill submit to the State a list of food, beve�age and lodging establishments with the annual CHS data reports on April 7 oC each year. ihe tacilities listed are those licensed or permitted as ot December 31 of each year. �d � H. The State, utSllzing United States Food and , Drug Administration reaommended procedures antl format, Will surYey and evaluate the Clty's activities for Sood and beverage establlshments and the State evaluation procedures for lodging establishments in accordance with prov�siuns ot item 06 of this Agreement. The State xill submit a survey and evaluation report to the City. The report rrill identify deficiencies in the activitles, Sf any, and note conditions that'must be met to maSntain the Ag�eement in force. I. The State and the City w111 each assSgn a person to serve as a liaison and to be rasponsible for maintaining communications as to procedures and activlties of their respective groups. The liaison persons are: CI'fY STATE Frank Staffenson James ,f. Witkowskl q�' AMEtiDMENT Whereas, the City of St. Paul has a�reed to perform the functions assigned to the State by Minnesota Statutes, Chapter 157, re�arding licensing and inspection of hotels, motels, boarding houses, lodging houses, restaurants, places of refreshment, and resorts located in the City of St. Paul and has agreed to enforce all applicable statutes, rules, and ordinances pertaining thereto, including Minnesota Rules, parts 4625.2401 to 4b25.7800 (food code); and Whereas, Minnesota Rules, parts 4b25.2401 to 4625.7800 refened to in the aforementioned a� are being repealed; and Whereas, the State is adopting a new food code, Minnesota Rules, parts 4626.0010 to 4626.1870; NOW, THEREFORE, THE STATE AND THE CITY OF ST. PAtJL JOINTLY AGREE AS FOLLOWS: Minnesota Rules, parts 4626.0010 to 4626.1870, will replace all reference to Minnesota Rules, parts 4b252401 to 4625.7800, in the aforementioned Agreement, including attachments. 2. It is understood that this Amendment does not delegate authorities inciuded in Minnesota Rules, parts 4b26.0010 to 4626.1870, which are the responsibiliry of the Minnesota Department of Agriculture. This Amendment to Attachment I of the Agreement, made and entered into on August 1, 1987, by and between the Commissioner of Health and the City of St. Paui pursuant to Minnesota Statutes, section 145A.07 (1996), shall become effective upon adoption of the amended Minnesota Food Code (Minnesota Rules, parts 4626.0014 to 4626.1870). 4. The state recogni2es that there may not be sufficient time before the effective date of the 1998 food code amendments to provide training on the changes in the amended nzles to St. Paul city employees. Therefore, until such time as training is offered, the state intends to take no adverse action against the City of St. Paul for unintentional failure to enforce provisions whose substance first appeazs in the 1998 food code amendments. IN WITI3ESS WHEREOF, the parties have caused this A.mendment to be executed by their duly authorized officers as of the dates shown below. MINNE50TA DEPARTMENT OF HEALTH {BOARD, ETC} � Date: Commissioner By: Date: By: Date: Mayor and City Manager Attorney (city, county) s Joe Reid, Director of Financial Services Date: q � � 3 � AMENAMENT Whereas, the Ciry of St. Paul has agreed to perform the functions assigned to the State by Minnesota Statutes, Chapter 157, regarding licensing and inspection of hotels, motels, boardin� houses, lod�in� houses, restaurants, places of refreshment and resorts located in the City of St. Paul and has agreed to enforce all applicable statutes, rules, and ordinances pertaining thereto, includin� Minnesota Rules, parts 4625.2401 to 4625.7800 (food code); and Whereas, Minnesota Rules, parts 4625.2401 to 462�.7800 referred to in the aforementioned agreement are being repealed; and Whereas, the State is adoptin� a new food code, Minnesota Rules, parts 4626.0010 to 4626.187Q; NOW, THEREFORE, THE STATE AND THE CITY OF ST. PAUL 701NTLY AGREE AS FOLLOWS: Minnesota Rules, parts 4626.0010 to 4626.1870, wil] replace all reference to Minnesota Rules, parts 4625.2401 to 4625.7800, in the aforementioned Agreement, including attachments. It is understood that this Amendment does not delegate authorities inciuded in Minnesota Rules, parts 4626.0010 to 4626.1870, which are the responsibility of the Minnesota Department of Agriculture. 3. This Amendment to Attachment I of the Agreement, made and entered into on August i, 1987, by and between the Commissioner of Health and the City of St. Paul pursuant to Minnesota Statutes, section 145A.07 (1946), shall become effective upon adoption of the amended Minnesota Food Code (Minnesota Rules, parts 4626.0010 to 4626.1870). The state recognizes that there may not be sufficient time before the effective date of the 1998 food code amendments to provide training on the changes in the amended nzles to St. Paul city employees. Therefore, until such time as training is offered, the state intends to take no adverse action against the City of St. Pau1 for unintentional failure to enforce provisions whose substance first appeazs in the 1998 food code amendments. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their duly authorized officers as of the dates shown below. MINNESOTA DEPARTMENT OF HEALTH {BOARD, ETC} e Date: Commissioner By: Date: By: Date: Mayor and City Manager Attomey (city, county) sy: Joe Reid, Director of Financial Services Date: Q AIRENDMENT �Vhereas, the City of St. Paul has agreed to perform the functions assi2ned to the State by Minnesota Statutes, Chapter 1�7, re�azding licensins and inspection of hotels, motels, boardin� houses, lodging houses, restaurants, places of refreshment, and resorts located in the City of St. Paul and has agreed to enforce all appiicable statutes, rules, and ordinances pertaining thereto, includin� Minnesota Rules, parts 4625.2401 to 4625.7800 (food code); and Whereas, Minnesota Rules, pazts 4625.2401 to 4b2�.7800 referred to in the aforementioned agreement aze being repealed; and Whereas, the State is adopting a new food code, Minnesota Rules, parts 4626.0410 to 4626.1870; NOW, THEREFORE, THE STATE AND THE CITY OF ST. PAUL JOINTLY AGREE AS FOLLOWS: Minnesota Rules, parts 4626.0010 to 4b26.1870, will rep]ace all reference to Minnesota Rules, parts 4625.2401 to 4625.7800, in the aforementioned Agreement, including attachments. 2. It is understood that this Amendment does not delegate authorities included in Minnesota Rules, parts 4626.0010 to 4626.1870, which are the responsibility of the Minnesota Department of Agriculture. This Amendment to Attachment I of the Agreement, made and entered into on August 1, 1987, by and beriveen the Commissioner of Health and the City of St. Paul pursuant to Minnesota Statutes, section 145A.07 (1996), shall become effective upon adoption of the amended Minnesota Food Code (Minnesota Rules, parts 4626.0010 to 4626.1870). 4. The state recognizes that there may not be sufficient time before ihe effective date of the 1998 food code amendments to provide training on the changes in the amended rules to St. Paul city employees. Therefore, until such time as training is offered, the state intends to take no adverse action against the City of St. Paul for unintentional failure to enforce provisions whose substance first appears in the 1998 food code amendments. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their duly authorized officers as of the dates shown below. MINNESOTA DEPARTMENT OF HEALTH {BOARD, ETC} : By: Date: By: Date: Mayor and City Manager Commissioner Date: Attomey (city, county) s Joe Reid, Director of Financial Services Date: ag - R � � A:1'IENDMEi3T Whereas, the City of St. Paul has a�eed to perform the functions assigned to the State by Minnesota Statutes, Chapter 1�7, regardin� licensing and inspection of hatels, moteis, boarding houses, lodging houses, restaurants, places of refreshment, and resorts located in the City of St. Paul and has agreed to enforce all applicable statutes, rules, and ordinances pertaining thereto, including Minnesota Rules, parts 4625.2401 to 4625.7800 (food code); and Whereas, Minnesota Rules, parts 4625.2401 to 462�.7800 referred to in the aforementioned a�reement aze bein� repealed; and Whezeas, the State is adopting a new food code, Minnesota Rules, parts 4626.0010 to 4626.1870; NOW, THEREFO1tE, THE STATE AND THE CITY OF ST. PAUL JOINTLY AGREE AS FOLLOWS: Minnesota I2ules, parts 4626.0010 to 4626.1870, wil] replace all reference to Minnesota Rules, parts 4625.2401 to 4625.7800, in the aforementioned Agreement, including attachments. 2. It is understood that this Amendment does not delegate authorities included in Minnesota Rules, parts 4b26.0010 to 4626.1870, which are the responsibility of the Pvlinnesota Department ofAgriculture. 3. This Amendment to Attachment I of the Agreement, made and entered into on August 1, 1987, by and between the Commissioner of Health and the City of St. Paul pursuant to Minnesota Statutes, section 145A.07 (1996), shall become effective upon adoption of the amended Minnesota Food Code (Minnesota Rules, parts 4626.0010 to 4626.1870). 4. The state recognizes ?hat there may not be sufficient time before the effective date of the 1998 food code amendments to provide training on the changes in the amended rules to St. Paul city employees. Therefore, untii such time as training is offered, the state intends to take no adverse action against the City of St. Pau1 for unintentional failure to enforce provisions whose substance first appears in the 1998 food code amendments. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their duly authorized officers as of the dates shown below. MINNESOTA DEPARTMENT OF HEALTH {BOARD, ETC} � By: Date: By: Date: Mayor and City Manager Commissioner Date: Attomey (city, county) By: 7oe Reid Director of Financial Services Date: Council File # 9 g - �. `3a• Green Sheet # 50 35 ORlG�J�At Presented By Referred To Committee: Date 2 WHEREAS, the City of Saint Paul entered into an Agreement dated August 1, 1987 in 3 which the State of Minnesota, Department of Health and the City of Saint Paul agreed that the 4 Minnesota Departrnent of Health would delegate to the City its power and dury to inspect food, 5 beverage and lodging facilities within the City; and 6 7 8 9 10 11 12 WT3EREAS, the Minnesota Department of Health adopted revised rules and regulafions regazding the inspecrion of food and beverage establishments which necessitate an amendment to the August 1, 1987 Agreement; now, therefore, be it 1ZESOLVED, that the proper City authorities are hereby authorized to execute an Amendment to the August I, 1987 Agreement. Requested by Department of: L � / �i,��L�.7/_�L FoTm By: Adoption Certified by Council Secretary Approved By: g�/ Approved by [g. ate Z ( &y: RESOLUTION CITY OF SA1NT PAUL, MINNESOTA � City £or Council Adopted by COUncil: Ddte �� \�{ \�� OE'FICE OF LIEP Date: 9/28/98 GRE EN S H E E T 3 Gary J. Pechma.nn N° 50355 �Y'� = 1 EPARTMENT DIRECTOR 9� ITY COUNCIL 'z ITY ATTORNEY ITY CLERK ust be OIl Council Agenda UDGET DIRECTOR FIN. 6 MGT. SVC. DIR. y: 11/1/98 xox tox nsszsrawxt OTAL # OE' 3IGNATURPs PAGES 1 (CLIP AI.L LOCATIONS FOR SIGNATLIRE) CTION REQUESTED:COUncil Approval of an admendment to the delegation agreement etween the Minnesota Department of Health and the City Of Saint Pau1 RECOh41ENDATIONS: APPROVE (A) OR REJECT (R) SgRViCg CONTRALSS !ffiST AN51�lt R� MLLOWINB: PLANNING COI�IISSION CIVIL SERUICE CONAIISSION 1. Has the person/firm ever worked under a contract for this department? CIH COlAffTTEE _ BUSINESS REVIEW COUNCIL YES NO STA£F _ 2. Has this person/firm ever been a City employee? DISTRICT COURT _ YES NO 3. Does this person/£ixm possess a skill not noxmally possessed by a�. SUPPORTS Y7HICH COONCZL OBJECTIVE? Current City employee? YES NO lain all YES aasaess on a separate sheet aad attaeh_ INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): The city of Saint Paul has an agreement with the Minnesota Department of ealth. Under this agreement the State has delegated to the City it's power and duty to inspeCt food, beverage and lodging facilities within the City. The innesota Department of Aealth have revised their rules and regulation for these faCilities and wishes to amend the delegation agreement to rePelect this change. VANTAGES iF APPROVED: The delegation agreement will refelect the approved rules and regulations. DISADVANTAGES IF APPROVED: one DIS�BVANTAGES IF NOT APPROVED: �fe City of Saint Paul is still required to fo3.low current state law. TOTAL AMOUNT OF TRANSACTION S 0 COST/REVENUE BUDGETED YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL, INFORMATION: (EXPLAIN) � SEP 3 0 i998 ��;� �� °� o��ecs OCT a 2 i939 minnesota department of health 717 s.e. dalaware st. p.o. box 9441 minneapoiis 55440 0 1672)623�5000 March 11, 1988 Ms. Judith Barr Public Health Services Manager Public Health Center 555 Cedar Street St. Paul� Minnesota 55101 Dear Ms. Barr: �� _ q3a- F�closed is your agency's copy of the fully executed Environmental Health Delegation Agreement between the City of St. Paul and the Minnesota Department of Health. We appreciate your cooperation regarding this matter and look forward to continuing our Working relationship. If you have any questions� please co�nunicate with me at 612/623-5341. Sincerely yours� — M�� %J , �a�� Frederick Mitchell� R.S_ Section Chief Cosmunity Environmental Services MFM:ec Enclosure cc: Gary Pechm3nn Frank Staffenson an equal opportunity employer � U 9J'.- �� °I8 - `I3'y AGREEMENT 7HZS AGREEHENT, eftective on the lst day ot August 79g7, � made and entered into, by and betWeen the Commissioner ot Health, hereinatter referred to as the "State", and the City of St, paul, hereinatter reterred to as the "City^, pursuant to LaWS of Hinnesota, 1gg7, ChaDter 3pg, WITNESSETH: WHEREAS, the State, as set out Sn Lavs of Minnesota, 1987, Chapter 309, Minnesota Statutes, Chapters 144, 745, 156A., 157, 326, 327 has the responsibility to inspect and regulate facilities for the purpose of preventing and aCating environmental health hazards; and WHEN6AS, the City has an environmental health staff which is authorSzed and has the capabllity to provide technical advice, revieW plans, sample, inspect and entOrce the rules for the facilities as addressed in the attachments hereto; NOW, THEREFORE, THE 5•fATE AND THE CIiY JOINiLY AGAEE as follows: 1• The State hereby delegates to the City and the City hereby agrees to carry out the provisions contalned in the attachment hereto uhich is incorporated into this Agreement and uhich is identified as qttachment I entitled FooO, Heverage and Lodging Establishinents, consisting of three pages, It is understood that this agreement does not delegate authorities uhich are the responsSbllity of the Department of Agriculture, the pollution Control Agency, or any other state agency. 2• Except as othervise noted, on the effective daee of this Agreement, the State will discontinue all of the activities which the City agrees to Undertake, as provided in the Attachments, °1t ' q 3Y 3. Hinimum pualiflcations for Environmental Health Statf. All delegated activitles except thosa whlch contain other specific personnel qualifications w111 be conducted by personnel who are ftegistered Sanitarlans unless otherwise approved by the Minnesata Department of Health. It is understood that any individual hired t0 perform delegated activities Nho meets minimum academic qualifications uill be allowed up to two years . to become registered, 4. The City sha11 address in their CHS plans hoN they will maintain coverage in staff absences using qualiCied non-State personnel. The State wlll be notified immediately if the City cannot tulfill its responsibility. 5. Rhe State will provide, wlthout cost to the City, orientation, tralning, consultation on problems, and other supportive services for the environmental health staff of the City, The State uill provide, without cost to the City, consultation and advice on rules promulgated Dy the State uhich are to be enfo�ced by the City. In addition, the State NS11 provide on-site consultatlon to the Clty�s environmental program at leest once a year, 6. The State Will conduct a formal evaluaCion of the City's program not more than once a year and not less than once every three years to dete�mSne its continued compliance xlth this Agreement. A written report on the results of the evaluation Including progress made since the last evaluation and SdentSfication of new deficieneies shall be submitted to the Glty, Tho minimum aoouptablu sY,nndard for bhn City�s pertormance is prescribed in the approprlate attachments. ❑ qg "� 7, ACter program evaluatlon hy the State, the City xill be notlfled in the repor't that the State finds that the program falls Sn one of the three following categories; a, The program is acceptable. b. The program is unacceptable. 7he program evaluation has identified certain specified problems that make the program unacceptable and the program is placed on provSsional status. The progiam is then requlred to submlt a plan of correction within 60 days; ur c. The program is immediately terminated. The evaluation has identifSed certain specified problems, the seriousness of which requires immedlate termination of the program. Termination by the State shall be accompanied by documentatlon that the City�s ppograms require such termination. $. This Agreement shall continue in effect until termSnateG by either party. The Agreement shall be confirmed in the CHS Plan during each CHS planning cycle. 9. NoLice of termination shall be made in Writing to the State no less than one year prlor to the beginning of the calendar year in xhich the termination Nill become effective, 10. In the event that the City does not provide services during the termination process, the City must contract with another qualified paYty, or ad�acent county/city to continue provision of services for the duration of the Agreement. 11. Any alterations, amendments, deletions, or vaivers of the provisions of this Agreement shall be valid only uhen expressed in writing and duly signed by the parties. °l�'q3�' 12. It is understood and agreed that the entire agreement of the partles Ss contained herein and that this Agreement �upercedes all oral agr'eementa and negotlations between the parties relating to the sub,Ject matter hereof as well as any previous agreements presently in eftect betveen the parties relating ta the same subJect hereof. 13• This Agreement shall be effective on August 1, 1987. IN NITNESS NHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers as of the dates shown below. HINNESOTA DEPARTMENT OF HEALTN By '�� 4t.A�0.-9�w—�—A. WCAi.�� Commissi ner Date �-(/—gg CITY OE ST. PAUL By ��'� ayor Date 3�4�8g v 8y: Director Depar ment of �� Flnance and Management 3,�{-T� Services Date 3J4/88 Approved as to Form: //_,_, /) c By:'C7 hssistant Cit Attorney Date; /5 y Br� i _ (�. �F , f ✓r?k- Ditector, DepartmenC of Community Services �... � L f ��5 Date: �$ ' °13 �- Attachment I Food, Beverage and Lodging Establishments A. The Clty shall perform the funetions assigned to the State by Minnesota Statutes, Chapter 157, regarding hotels, motels, boarding houses, lodging houses, restaurants, places of refreshment, and resorts (hereafter referred to as tood, beverage and L�dging establishments) located in the City of St, Paul and shall enforce all applicable ordinances pertaining thereto. 8. The City agrees to enforce ordinances adopted by the City with an eftective date of not later than August 7, 7987, establishing standards for tood, beverage and lodgSng establish— ments which are at least equlvalent to the minlmum standards established by Minnesota Statutes, Chapter 157, and rules promulgated thereunder. Nothing ln this paragraph may be con— stYUed to prohibit the City from enforcing ordinances Nith mure stringent requirements than those contained in Minnesota Statutes, Chapter 157, and rules promulgated thereundeY. �� C. The City shall Snspect food, beverage and lodging facilities to determSne compllance rrith Nlnnnesota rules, parts 4625.0100 to 4625.2300 (lodging), garts A625•240a to 4625.5000 (food and beverage), parts 4717,0700 to 4717.3900 (suimming pool` and parts 4620.0100 to 4620.1500 (clean indoor air), and shall respond to complaints relating to standards prescribed in the rules. The City shall inspect each food, beverage and lodging S.estaDlishment at least at the frequenoy prescribed in tllnnesota � �" �°StaC�utea Chapter°,757,� The City^�ahall make follo,ft—up :' �S+ a�k.i . g,x-� t � i 'iz , .i�;... - "- � !�,*F, .t 3 ?�y'inspeations�if * necessary�to�'assure compliance qith orders - � xt � �.,° - ",.. � . ,. . . ' . '' �:�{':},t5� :. - . . ; � . . -"'_<��.��eorrection of deCiciencies. p�blic non—eommunity xater supplies ;,`�rserving food, beverage and lodging Tacilities shall be sampled 6y , the City in accordance wiCh Hinnesota rules, parts 4720.0010 to 4720.A600. � � -a3�- D. The City shall prepare Snsqaction reports uhich contain a statement of vlolations, o�ders for correction of viulations, and set,dates af compllance. These reports shall be available ` for revleu by the State at reasonaEle times. E. The City shall review and approve plans and inspect neu construction, andlor alterations or additions to ezisting facilities to determine compliance with State rules relating to food and beverage establishments Cparts 4625•2400 to 4625.5000), lodging establishments (parts 4625.0700 to 4625•2300), and individual sewage treatment systems (parts 7080.0010 to 7080.0240), prior to commencement of constructlon or remodeling activity. The City Will make revieus of submitted plans and speciflcations available to the State upon request. Unless tha State has determSned that the City has technical ezpertise to review plans and specifications covering plumbing (parts 4715.0100 to 4715.5600), lndividual seuage treatment systems (parts 7080.0010 to 7080.0240), and waCer vells (parts 4725.C100 to 4725•7600) the C1ty shall submit such plans and specifications to the State for revierr. All publie sNimming pool iparts q7��.0100 to kT17•3900) plans and specitications shall be submitted to the State for review. The State Will reviex all � submitted plans and speciCicatlons wlthin 30 days. F. The City shall perform the inspection, licensing, enfo�cement and other aervices agreed to herein Without cost to the State except for subsidy funds and special grants. , G. The CSty kill submit to the State a list of food, beve�age and lodging establishments with the annual CHS data reports on April 7 oC each year. ihe tacilities listed are those licensed or permitted as ot December 31 of each year. �d � H. The State, utSllzing United States Food and , Drug Administration reaommended procedures antl format, Will surYey and evaluate the Clty's activities for Sood and beverage establlshments and the State evaluation procedures for lodging establishments in accordance with prov�siuns ot item 06 of this Agreement. The State xill submit a survey and evaluation report to the City. The report rrill identify deficiencies in the activitles, Sf any, and note conditions that'must be met to maSntain the Ag�eement in force. I. The State and the City w111 each assSgn a person to serve as a liaison and to be rasponsible for maintaining communications as to procedures and activlties of their respective groups. The liaison persons are: CI'fY STATE Frank Staffenson James ,f. Witkowskl q�' AMEtiDMENT Whereas, the City of St. Paul has a�reed to perform the functions assigned to the State by Minnesota Statutes, Chapter 157, re�arding licensing and inspection of hotels, motels, boarding houses, lodging houses, restaurants, places of refreshment, and resorts located in the City of St. Paul and has agreed to enforce all applicable statutes, rules, and ordinances pertaining thereto, including Minnesota Rules, parts 4625.2401 to 4b25.7800 (food code); and Whereas, Minnesota Rules, parts 4b25.2401 to 4625.7800 refened to in the aforementioned a� are being repealed; and Whereas, the State is adopting a new food code, Minnesota Rules, parts 4626.0010 to 4626.1870; NOW, THEREFORE, THE STATE AND THE CITY OF ST. PAtJL JOINTLY AGREE AS FOLLOWS: Minnesota Rules, parts 4626.0010 to 4626.1870, will replace all reference to Minnesota Rules, parts 4b252401 to 4625.7800, in the aforementioned Agreement, including attachments. 2. It is understood that this Amendment does not delegate authorities inciuded in Minnesota Rules, parts 4b26.0010 to 4626.1870, which are the responsibiliry of the Minnesota Department of Agriculture. This Amendment to Attachment I of the Agreement, made and entered into on August 1, 1987, by and between the Commissioner of Health and the City of St. Paui pursuant to Minnesota Statutes, section 145A.07 (1996), shall become effective upon adoption of the amended Minnesota Food Code (Minnesota Rules, parts 4626.0014 to 4626.1870). 4. The state recogni2es that there may not be sufficient time before the effective date of the 1998 food code amendments to provide training on the changes in the amended nzles to St. Paul city employees. Therefore, until such time as training is offered, the state intends to take no adverse action against the City of St. Paul for unintentional failure to enforce provisions whose substance first appeazs in the 1998 food code amendments. IN WITI3ESS WHEREOF, the parties have caused this A.mendment to be executed by their duly authorized officers as of the dates shown below. MINNE50TA DEPARTMENT OF HEALTH {BOARD, ETC} � Date: Commissioner By: Date: By: Date: Mayor and City Manager Attorney (city, county) s Joe Reid, Director of Financial Services Date: q � � 3 � AMENAMENT Whereas, the Ciry of St. Paul has agreed to perform the functions assigned to the State by Minnesota Statutes, Chapter 157, regarding licensing and inspection of hotels, motels, boardin� houses, lod�in� houses, restaurants, places of refreshment and resorts located in the City of St. Paul and has agreed to enforce all applicable statutes, rules, and ordinances pertaining thereto, includin� Minnesota Rules, parts 4625.2401 to 4625.7800 (food code); and Whereas, Minnesota Rules, parts 4625.2401 to 462�.7800 referred to in the aforementioned agreement are being repealed; and Whereas, the State is adoptin� a new food code, Minnesota Rules, parts 4626.0010 to 4626.187Q; NOW, THEREFORE, THE STATE AND THE CITY OF ST. PAUL 701NTLY AGREE AS FOLLOWS: Minnesota Rules, parts 4626.0010 to 4626.1870, wil] replace all reference to Minnesota Rules, parts 4625.2401 to 4625.7800, in the aforementioned Agreement, including attachments. It is understood that this Amendment does not delegate authorities inciuded in Minnesota Rules, parts 4626.0010 to 4626.1870, which are the responsibility of the Minnesota Department of Agriculture. 3. This Amendment to Attachment I of the Agreement, made and entered into on August i, 1987, by and between the Commissioner of Health and the City of St. Paul pursuant to Minnesota Statutes, section 145A.07 (1946), shall become effective upon adoption of the amended Minnesota Food Code (Minnesota Rules, parts 4626.0010 to 4626.1870). The state recognizes that there may not be sufficient time before the effective date of the 1998 food code amendments to provide training on the changes in the amended nzles to St. Paul city employees. Therefore, until such time as training is offered, the state intends to take no adverse action against the City of St. Pau1 for unintentional failure to enforce provisions whose substance first appeazs in the 1998 food code amendments. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their duly authorized officers as of the dates shown below. MINNESOTA DEPARTMENT OF HEALTH {BOARD, ETC} e Date: Commissioner By: Date: By: Date: Mayor and City Manager Attomey (city, county) sy: Joe Reid, Director of Financial Services Date: Q AIRENDMENT �Vhereas, the City of St. Paul has agreed to perform the functions assi2ned to the State by Minnesota Statutes, Chapter 1�7, re�azding licensins and inspection of hotels, motels, boardin� houses, lodging houses, restaurants, places of refreshment, and resorts located in the City of St. Paul and has agreed to enforce all appiicable statutes, rules, and ordinances pertaining thereto, includin� Minnesota Rules, parts 4625.2401 to 4625.7800 (food code); and Whereas, Minnesota Rules, pazts 4625.2401 to 4b2�.7800 referred to in the aforementioned agreement aze being repealed; and Whereas, the State is adopting a new food code, Minnesota Rules, parts 4626.0410 to 4626.1870; NOW, THEREFORE, THE STATE AND THE CITY OF ST. PAUL JOINTLY AGREE AS FOLLOWS: Minnesota Rules, parts 4626.0010 to 4b26.1870, will rep]ace all reference to Minnesota Rules, parts 4625.2401 to 4625.7800, in the aforementioned Agreement, including attachments. 2. It is understood that this Amendment does not delegate authorities included in Minnesota Rules, parts 4626.0010 to 4626.1870, which are the responsibility of the Minnesota Department of Agriculture. This Amendment to Attachment I of the Agreement, made and entered into on August 1, 1987, by and beriveen the Commissioner of Health and the City of St. Paul pursuant to Minnesota Statutes, section 145A.07 (1996), shall become effective upon adoption of the amended Minnesota Food Code (Minnesota Rules, parts 4626.0010 to 4626.1870). 4. The state recognizes that there may not be sufficient time before ihe effective date of the 1998 food code amendments to provide training on the changes in the amended rules to St. Paul city employees. Therefore, until such time as training is offered, the state intends to take no adverse action against the City of St. Paul for unintentional failure to enforce provisions whose substance first appears in the 1998 food code amendments. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their duly authorized officers as of the dates shown below. MINNESOTA DEPARTMENT OF HEALTH {BOARD, ETC} : By: Date: By: Date: Mayor and City Manager Commissioner Date: Attomey (city, county) s Joe Reid, Director of Financial Services Date: ag - R � � A:1'IENDMEi3T Whereas, the City of St. Paul has a�eed to perform the functions assigned to the State by Minnesota Statutes, Chapter 1�7, regardin� licensing and inspection of hatels, moteis, boarding houses, lodging houses, restaurants, places of refreshment, and resorts located in the City of St. Paul and has agreed to enforce all applicable statutes, rules, and ordinances pertaining thereto, including Minnesota Rules, parts 4625.2401 to 4625.7800 (food code); and Whereas, Minnesota Rules, parts 4625.2401 to 462�.7800 referred to in the aforementioned a�reement aze bein� repealed; and Whezeas, the State is adopting a new food code, Minnesota Rules, parts 4626.0010 to 4626.1870; NOW, THEREFO1tE, THE STATE AND THE CITY OF ST. PAUL JOINTLY AGREE AS FOLLOWS: Minnesota I2ules, parts 4626.0010 to 4626.1870, wil] replace all reference to Minnesota Rules, parts 4625.2401 to 4625.7800, in the aforementioned Agreement, including attachments. 2. It is understood that this Amendment does not delegate authorities included in Minnesota Rules, parts 4b26.0010 to 4626.1870, which are the responsibility of the Pvlinnesota Department ofAgriculture. 3. This Amendment to Attachment I of the Agreement, made and entered into on August 1, 1987, by and between the Commissioner of Health and the City of St. Paul pursuant to Minnesota Statutes, section 145A.07 (1996), shall become effective upon adoption of the amended Minnesota Food Code (Minnesota Rules, parts 4626.0010 to 4626.1870). 4. The state recognizes ?hat there may not be sufficient time before the effective date of the 1998 food code amendments to provide training on the changes in the amended rules to St. Paul city employees. Therefore, untii such time as training is offered, the state intends to take no adverse action against the City of St. Pau1 for unintentional failure to enforce provisions whose substance first appears in the 1998 food code amendments. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their duly authorized officers as of the dates shown below. MINNESOTA DEPARTMENT OF HEALTH {BOARD, ETC} � By: Date: By: Date: Mayor and City Manager Commissioner Date: Attomey (city, county) By: 7oe Reid Director of Financial Services Date: