88-275 WHITE - CITY CLERK COUfIC1I
PINK - FINANCE G I TY OF SA I NT PA LT L 5 ���Z7✓�.
CANARV - DEPARTMEN7
BLUE - MAVOR File NO.
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Council �Resolution
Presented y
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Refecred T ���M�N �'� �-�1'Y1A'I�) �I�S- Committee: Date °��'$�
Out of Com ittee By Date
RESOL ED, that the proper city officials are hereby authorized and
direc ed to execute and agreement with the State of Minnesota;
WHERE Y, the Minnesota Department of Health will delegate to the City
the r sponsibility to inspect and regulate facilities for thQ purpose
of pr venting and abating Environ�ental Health hazards, subject to th�
terms and conditions of said agreement, a copy of which is to be kept
on fi e and a record in the nepartment of Finance and Management
Serv' e�.
COUNC[L EN Requested by Department of:
Yeas DimOrid Nays
Goswitz � �n Favo�
Long
Rettman B
Scheibe � Against Y '
�
� MAR —� ��p8 Form prove by Cit t orn
Adopted by Cou cil: Date C
Certified Pas ouncil S etar BY'
/
By �
A►pprov iVla or: Date "� � — 2 Approved ayor for Submissi
By BY
PUBIISHEO �r�AR 1 ? 1988.
. � Cour�cti Research Center. N° 0 5 Q 5 5 `�
Co'' it � Services DEPARTME T J A N `�i 7 ,1 9� ��'�'=2��
� �' CONTAC�
292- 717 PHON�
Janu ry 13,� 1988 DATE ���' : "��r
ASSIGN NUMB�R � ROUTING ORDER Clf All Loc ti ns for Si nature .: � ��
i Department 'rector 3 Director of Man�gementjMayor ���
4 Finance and nagement Services Director 5 City Clerk
Budget Dire or 6 c��'� council� =
�Ci ty Attorn �k. �!�ur
WHAT WILL BE AC IEVED BY TAKING ACTION ON TNE AT ACHED MATERIALS? (Purpo�e/
Resolution to llow City signatures on an a re ment between �t'10t1d1e) :
the City of St Paul through its Division o P blic Health and the State ot Mirinesota
through the M nesota Department of Health. U der the terms of this agreement the State
will delegate o the City the responsibilit t inspect and regulate facilitfes for the
purpose of pr enting and abating environme ta health hazards. The facilities delegated
are food, bev age and lodging establishmen s. �����v�� . -
: �A N 1 �� 1��$
COST BENEFIT B DGETARY AND PERSONNEL IMPACT ICIPATED:
MA�Y07�r� �F
This delegati n agreement supereeeds the c rr t delegation agreeme��E The State proposed
this revision of the delegation agreement o ovide for a unifornt State..delegation
agreement. B degetary and personnel impac s or the future are unknown. �
FINANCING SOUR AND BUDGET ACTIVITY NUMBER GED OR CREDITED: (Mayor's signa-
ture not re-
Total Amoun of"Transaction: �-0- quired if under . .
" �10,000)
FuAding Sow C2: . FQad. Inspection, Enviro e tal Programs
ACtlVlty Nu ber: 03212 and 03213 � . _
ATTACHMENTS L st and Number Al1 Attachment : -
1. Resoluti n �
2. Agreemen , original and one co�Y � _ REL'E��'i;.�,. . .
JAN 141988
� c��-°� .ti., fTORNEY
3 DEPARTMEN� RE EW CITY ATTORNfY REYIEW
Yes No f,buncil Resolut�on Required? ' Reso�ution Required? Yes No
Yes No nsurance Required? Insurance Sufficient? �fes No
Yes No Insurance Attached:
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(SEE •REVERSE SIDE R INSTRUCTIONS)
Revised l2/84
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' � a
AGREEIMENT
THI AGREEMENT, effeetive or� the 1st day of August 1987.
made and entered into, by and between the Commissioner of Health,
hereinaf er referred to as the "�tate" , and the City of
St . Paul hereinafter referred to as the "City" , pursuant to
Laws of innesota, 1987, Chapter 309.
WITNESSETH:
WH REAS, the State , as set out in Laws of Minnesota. 1.987,
Chapter 309. Minnesota Statutes, Chapters 144, 145, 156A.. 157,
326. 327 has the responsibility to insQect and regulate
facilit ' es for the purpose of preventing and abating
environ ental health hazards; and
WH REAS� the City has an environmental health staff which is
authori ed and has the capability to provide technical advice .
review lans , sample , inspect and enforce the rules for the
facilit ' es as addressed in the attachments hereto ;
NOW, THEREFORE, THE S'TATE AND THE CITY JOINTLY AGREE as
fallow :
1. The State hereby delegates to the City and the City
hereby agrees to carry out the provisions contained in the
attach ent hereto which is incorporated into this Agreement and
which ' s identified as Attachm¢nt I entitled Food , Beverage and
Lodgin Establishments, consisting af three pages. It is
unders o�d that this agreement does not delegate authorities
. ��rhich are the responsibility of the Department of Agriculture ,
the P llution Control Agency, or any other state agency.
Except as otherwise noted , on the effective date of this
agree ent , the State will dis¢ontinue all of the activities which
the City a�rees to u:�dertake , as provided in the Attachments.
..::r..,4. ... :,. . ,.,_,�..,..,,.�.,. ..Y,.-..,.�y� , .< ,. �T . � . .. , .:,.� _
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:_;�- _: _ � _ .
- - =-.3•_ Minimum-Qualifica�.i�ns f;or Endironmental Health Staff.
�-�-�-- _� ;A1,I� dele ated activities except t�hose which �ontain other
� - -=_
specific personnel qualifications wili ba conducted by personnel
wh� are egistered Sanitarians unless otherwise aeproved by the
i�iinnesot Department of Aealth. It i:s un.derstood that ai:V
individu T hired to perform delegated activities who meets
minim um acade�nic qualifications will be allowed up to two years
to beco e registered.
4. The City shall address in their CHS plans ho w they will
m.aintai coverage in staff absences using qualified non-State
personn 1. The State will be notified im mediately if the City
cannot ulfill its responsibility.
5 . The State will provide , without cost to the City,
orient tion , training, consulta'tion on problems , and other
suppor ive services for the environmental health staff of the
City. The State will provide , without cost to the City,
consul ation and advice on rules promulgated by the State which
are to be enforced by the City. In addition , the State will
pr�vid on-site consultation to the City' s environmental program
at least once a year .
The State will conduct a formal evaluation of the City's
p�ogr m not more than once a year and nat less than once every
t.hree years to determine its continued compliance with this
Agree ent. A written report on the results af the evaluation
inclu ing progress made since the last evaluation and
ident ' fication of new deficiencies shall be submitted to the
Gity . T�ie miniaru�n ac��ptaole star,dard :or tne �ity' s
perf rmance is prescribed in the appropriate attachments. -
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� 7. fter program evaluation by the State � the City will be
- �'ao.tified n the report that the SGate finds t:iat the program
+� - faT2s in ne of the three following categories :
a . T e program is ..acc.eptable .
b. he program is unacceptable. The program evaluation has
identifi d certain specified problems that make the program
unaccept ble and the program is placed on provisional status.
The prog am is then required to submit a plan �f correction
within 6 days; or �
c. The program is im mediately terminated. The evaluation
has ide tified certain specified problems� the seriousness of
which r quires im mediate termination of the program . Termination
by the tate shall be accompanied by documentation that the
City' s rograms require such termination.
$. This Agreement shall continue in effect until terminated
by either party. The Agreement shall be confirmed in the CHS
Pian d ring each CHS planning cycle.
9 Idotice of termination shall be made in writing to the
State � less than one year prior to the beginning of the
calend r year in which the termination will beco:ne effective.
10 . In the event that the City does not provide serv�ices
durin the termination process, the City must contract with
anoth r qualified party, or adjacent county/city to continue
provi ian of services for the duration of the Aoreement.
1 . Any alterations , amendments , deletions , or waivers of
the p ovisions �f this Agreement shall be valid only when
expressed in writing and duly signed by the parties .
-- a ' � ' lJ,.���'��
tY�/—
� _ 12. : It is understood aad agreed that the �ntire agreement of
--- �he parti s is contained herein and that this Agreement
supercede all oral agreements and negotiations betw�een the
parties r latin� to the subject matter hereof as well as any
previous greements presently in effect between the parties
_ ..
- relating to the same subject hereof.
13. T is Agreement shall be effective on August 1, 1987.
IN WITNESS WHEREOF, the parties have caused this Agreement to
be exec ted by their duly authorized officers as of the dates
shown b low.
PqItJNESO A DEPARTh1ENf OF HEALTH CITY OF S'T . PAUL
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By : BY •
Comr issi�ner �1 �r
Date Date
By :
Director , Departrnent of
Finance and Nianagement
Services
Date
Approved as to Form :
, _� !✓ /
t�y .
Assistant City Attorney
Date : � � � �
By: � - ' r , !� ���. ��_%
-�� � _
Directo , Department of
Community Services
Date: ��/�/�J�
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Attachment I
Food , Beverage and Lodging Establishments
._....,_.�__�
A. he City sha11 perform the functions assigned to the
State by Minnesota Statutes, Chapter 157. regarding hotels,
m�tels , oarding houses, lodging houses, restaurants, places of
refreshm nt, and resorts (hereafter referred to as food , beverage
and lodg ng establishments) l�cated in the City of St. Paul
and shal enforce all applicable ordinances pertaining thereto.
B. The City agrees to enforce ordinances adopted by the
City wi h an effective date of not later than August 1, 19$T,
establi hing standards for food , beverage and l�dging establish-
ments w ich are at least equivalent to the minimum standards
establi hed by Minnesota Statutss, Chapter 157. and rules
promulgated thereunder. Nothing in this paragraph may be con-
strued to prohibit the City from enforcing ordinances with more
string nt requirements than those contained in Minnesota
Statut s, Chapter 157, and rules promulgated thereunder.
C The City shall inspect food , beverage and lodging
facili ies to determine compliance with Minnnesota rules, parts
4625.0 00 to �625.2300 ( lodging) , parts 4625.2400 to 4625.5000
(food and beverage) , parts 4717.0100 to 4717.3900 (swimming pool)
and p rts 4620.0100 to �620. 1500 ( clean indoor air) , and shall
respo d to complaints relating to standards prescribed in the
rules. The City shall inspect each food , beverage and lodging
establishment at least at the frequency prescribed in I�Iinnesota
Stat tes, Chapter 157. The City shall make timely f�11ow-up
insp ctions if necessary to assure compliance with orders for
corr ction of deficiencies, Public non-community water suppiies
serv ' ng food , beverage and lodging facilities shall be sampled by
the City in accordance with Minnesota rules, parts 4720.0010 to
472 . 4600 .
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D. T e City shall. �repare inspection reports which contain
a stateme t of violations, orders for correction of violations,
and set d tes of compli:ance. These reports snall be available
for revie by the State at reasonable times.
E. he City shall review and approve plans and. inspect new
construc ion , and/or alterations or additians to existing
faciliti s to determine compliance with State rules relating to
fo�d and beverage establishments (parts 4625•2400 to 4625.5000) ,
lodging establishments (parts 4625.0100 to 4625.2300) , and
individual sewage treatment syst�ems (parts 7080.0010 to
7080.024 ) , prior to com mencement of construetion or remadeling
activzt . The City will make reviews of submitted plans and
specifi ations available to the State upon request. lJnless the
State h s determined that the City has technical expertise to
review plans and specifications covering plumbing (parts
4715.01 0 to 4715.5600) , individual sewage treatment systems
(parts 7080.0010 to 7080.0240) , and water wells ( parts 4725.010Q
to 472 .7600) the City shall submit sueh plans and specifications
ta the State for review. All public swim ming pool (parts
4717.0 00 to 4717.3900) plans and specifications shall be
submi ted to the State for review. The State will review all
submi ted plans and specifications within 30 days.
. The City shall perform the inspection , licensing ,
enforcement and other services agreed t� herein without cost to
the tate exeept for subsidy funds and special �rants.
G. The City will submit to the State a list of food ,
beve age and ladging establishments with the annual CHS data
reports on April 1 of each year. The facili�ies listed are those
lic nsed or perinitted as of December 31 of each year.
fu .. � . .. . . . .� . .. ..
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- H. T e State ; utilizing United States Food and
-- _� Drug Admi istrati�n recommended procedures and format . will
���survey - an evaluate the City' s activities for food and beverage
establish ents and the State evaluation procedures for lodging �
establish ents in aecordance with provi,sions of item #6 of this
_. , Agreemen . The State will submit a survey and evaluation report
to the C' ty. The report will identify deficiencies in the
activiti s, if arry, and note conditions that� must be met to
maintain the Agreement in force.
I. The State and the City will each assign a person to
serve a a liaison and to be responsible for maintainin�
communications as to procedures and activities of their
respective groups. The liaison persons are :
CITY STATE.
Frank taffenson James J . Witkowski