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269229 WHITE - CITV CLERK � � (� !1�^ PINK - FINANCE COUIICII -j��� �■ ■ CANARV - DEPARTMENT . GITY� OF SAINT PAUL � File � NO. / � ~ BLUE - MAVOR I•v y.:,,LJ Resolution . Presented By � Referred To Committee: Date Out of Committee By Date RESOLVED, That the proper City officials are hereby authorized and directed to execute an agreement with the Minnesota State Board of Health whereby the City will undertake the enforcement of the State' s rules and regulations regarding inspection and licensing of public accommodations, said agreement being a condition for the City' s receipt of a Community Health Services subsidy from the Minnesota Department of Health. COU[VCILMEN � Requested by Department of: ' Yeas Nays Bucier � Communi ty Servi ces Hozza In Favor � Hunt ✓ Levine __ Against BY Roedler Sylvester � ' '�e�e�see ', JUN 1 4 19T14 F rm Approve C� t 'ney Adopted by uncil: Date — � Certif Passed ouncil � � B Appro e by 17ayor: Date ��� � 6 �977 Approv y Mayor for S i ion�to Council By B tisHEO ,1UN 2 5197? � � . , ; ������� �.�- � A G R E E M E N T THIS AGREEMENT, Made and entered into this day of , 1977, by and between the CITY OF SAINT PAUL, herein- after referred to as "City, " and the MINNESOTA STATE BOARD -0F HEALTH, hereinafter referred to as "State, " is entered into pursuant to the provisions of the Minnesota Statutes, 1975 Supplement, Section 145.031; WITNESSETH: � WHEREAS, The City has established a health department pursuant to Minnesota Statutes, Chapter 145; and ' WHEREAS, The State as set out in Minnesota Statutes, Chapter 157, and rules promulgated thereunder, has the responsibility for the inspection and licensing of hotels, motels, boarding houses, lodging houses, restaurants, places of refreshment and resorts; and WHEREAS, The City has an environmental health staff competent to inspect hotels, motels, boarding arid lodging houses, restaurants, places of refreshment, and resorts, and to enforce ordinances and statutes pertaining thereto; NOW, THEREFORE, THE STATE AND THE CITY JOINTLY AGREE AS FOLLOWS: 1. The State hereby delegates to the City, and the City hereby accepts responsibility, as designated agent, for performing the func- tions assigned to the State by Minnesota Statutes, Chapter 157, and rules promulgated thereunder, of licensing and inspecting hotels, 1�''�-�a:7 • • ��� f ,�..- motels, boarding houses, lodging houses, restaurants, places of re- freshment, and resorts located in the City, as well as enforcement of applicable City ordinances pertaining thereto. Inspections shall be made by the City on the basis of the licensing requirements established in applicable rules as defined in Section 8 of this Agreement. The City will also make timely follow-up inspections to provide for compliance with applicable regulations as defined in Section 8 of this Agreement. 2. The City will prepare inspection reports which contain a statement of any violations, orders for corrections of violations, and set dates of compliance, which reports shall be available for � inspection by the State at reasonable times. 3. The City shall review and approve plans and specif ications for proposed new and remodeled, licensed establishments to determine in advance compliance with applicable regulations. Reports to these reviews will be promptly transmitted to the State. The City will make such submitted plans and specifications available to the State upon request. . 4. The City will perform the inspection, licensing, enforce- ment, and other services agreed to herein without cost to the State. The City will provide the State with a current list of licensed establishments and will make inspection reports available to the State upon request. 2. �_... ��t4��9 5. On the effective date of this Agreement, the State will discontinue the issuance of licenses, the revocation of licenses, the conduct of hearings or initiation of Court actions, or other enforcement actions under Minnesota Statutes, Chapter 157. The State will discontinue all inspection activity except the inspection activity required in Section 6. The State will provide, without cost to the City, orientation and consultation on problems or other � supportive services for the staff of the City. The State will pro- vide, without cost to the City, consultation and advice on rules promulgated by the State which are to be enforced by the City. 6. The State shall annually review the City' s program to de- , termine its continued compliance with this Agreement. Annual review criteria shall include average establishment demerit score, inter- pretation of requirements, administrative procedures (completeness of records, frequency of inspections, and enforcement procedures) , staff training, industry training, program support, plan review, and supportive facilities and measures (laboratory facilities and services, field equipment, preparedness for foodborne disease out- breaks) . Any deficiencies in the City' s program shall be reported to the City. The minimum acceptable standard for the City' s per- formance will be the level of inspection and service performed by the State during the preceding five years in those cities not cov- - ered by agreements made under Minnesota Statutes, 1975 Supplement, Section 145.031. 3. � F1 ����� . 7. The City shall provide sanitarians in at least the ratio of one per 400 licensed establishments to carry out the provisions of this Agreement. A Food Service Sanitation Survey Officer certi- fied by the U. S. Department of Health, Education and Welfare shall certify that the City' s sanitarians are qualified pursuant to cer- tification procedures established by the State and without cost to the C ity. 8. The City agrees to adopt ordinances, with an effective date of not later than January 1, 1978, establishing standards for li- censed establishments at least equivalent to the minimum standards established by Minnesota Statutes, Chapter 157, and rules promulgated thereunder, as such statutes and rules are amended from time to time. Nothing in this paragraph may be construed to prohibit the City from enacting ordinances with more stringent requirements than those con- tained in Minnesota Statutes, Chapter 157, and rules promulgated thereunder. 9. The Agreement shall continue to l�e effective until terminated by either party. Termination by the City may be accomplished by the City notifying the State in writing that it intends to terminate the Agreement and that such termination shall occur 180 days after re-. ceipt of such notice by the State. Termination by the State shall be in writing accompanied by documentation that the City program deficiencies require such termination. If the City' s program is 4. � ����?,9 found by the State to be deficient by the criteria and standards set forth in Section 6 hereof, but under such conditions as do not create a public health hazard, the State may place the City' s program and the Agreement on a provisional status for a period of six months, and said provisional status may be extended by the State. In any event, the State may terminate the Agreement immediately by written notice if a deficiency in the City' s program results in the creation of public health hazards. 10. This Agreement may be amended by the City and the State at any time. 11. This Agreement is effective on , 1978. IN WITNESS WHEREOF, The parties have caused this Agreement to be executed by their duly authorized officers as of this day of , 1977. MINNESOTA STATE BOARD OF HEALTH CITY OF SAINT P � By: gY. Its Mayor Its Director, Department of Finance and Management Services Appr ved as to or : � By: Assistan City Att ney 5.