Loading...
269757 WHITE - CITV CLERK . 1 �� � PINK - FINANCE - TT COUflCll `/�- �}w� CANARV - OEPARTMENT G I SA I NT PA V L File� N0. ��'���R�f� " / BLUE - MAVOR uncil Resolution . Presented By Referred To Committee: Date "� Out of Committee By Date WHEREAS, The City of Saint Paul has established a Health Department pursuant to Minnesota Statutes, Chapter 145; and WHEREAS, The State of Minnesota has, by Minnesota Statutes, Chapter l57 and the rules promulgated thereunder, the responsi- bility for inspection and licensing of hotels, motels, boarding houses, lodging houses, restaurants, places of refreshments and resorts; and WHEREAS, The City has an environmental health staff com- petent to inspect and to enforce ordinances and statutes pertaining thereto; now, therefore, be it RESOLVED, That the Mayor is hereby authorized to enter into an agreement with the State of Minnesota whereby the State will deleg�te to the City, as the State' s designated agent, the in- spection and licensing functions recited above; subject to the terms and conditions as set fo�th in the agreement; said agree- ment being effective January 1, 1978. COUNCILMEN Yeas Nays � Requested by Department of: Butler CO(I�ItU11�t ervi�s ,}� In Favor Hunt � —�� __ Against BY Roedler ; S ylvester Tedesco � ��� � 3 19n. For pprov by 't rn Adopted by Council: Date � Certified Ss d y Council S et BY By, Approve y ;Vlavor: Date .S� � '�J 19�d Appr e y Mayor for S bm sio o ncil � By BY �uBUSHEO SFP 2 41977 � �� ��9�7�r A G R E E M E N T THI,S,AGREEMENP, Made and entered into this day of , 1977, by and between the CITY OF SAINr PAUL, hereinafter referred to as "City," and the MINH�SOTA STATE COMP�SSION�2 OF HEALTH, hereinafter referred to as "State," is entered into pursuant to the provisions of the Minnesota Statutes, 1975 Supplement, Sect�on 145.031; WITiVE.SSErH: WFrEFtEAS, The City has establistied a health department pursuant to P�Iinnesota Statutes, Cha�ter 145; and WF�REAS, the State as set out in t�innesota Statutes, Chapter 157, and rules proraulgated thereunder, has the responsibility for the inspection ancl licensing of hotels, motels, boarding houses, lodgi� houses, restaurants, places of refresh- ment and resorts; and WHERF.AS, The City has an enviromnental health staff co�etent to inspect hotels, motels, boarding and lodgin� houses, restaurants, places of refreshment, and resorts, and to enforce ordinances and statutes pertaining thereto; IV�1, TFiEREFORE, TH� STATi� AND THE CITY JOINTLY AGR�E AS FOLLOWS: 1. The State hereby delegates to the City, and the City hereby aecepts responsibility, a5 designated agent, for perforning the functions assigned to the State by Minnesota Statutes, Cha�ter 157, and rules promulgated thereunder, of licensir4; and inspecting hotels, motels, boarding houses, lodgir� houses, restaurants, places of refreshment, and resorts located in the City, as well as enforcement of applicable City ordi.nances pertainir� 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 Abreement. The City will also make timely follo��up inspection to provide for eor�liance 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 ti.unes. 1 . , 3. The City shall revi.ew and approve plans and specifications for praposed new and remodeled, licensed establishments to determine in advance compliance with applicable regulations. Reports to these reviecas 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 i.nspection, licensin,�, enforcement, and other services agreed to herein withoiit cost to the State. The City will provide the State with a current list of licensed establishments and will make inspection re�orts ava.ilable to the State upon request. 5. On the effective date of this �;reement, the State will discontinue the issuance of licenses, the revocation of licenses, the conduct of hearir�s or initiation of Court actions, or other enforcement actions under I+Li.nnesota 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 �•�ill provide, without cost to the City, consultation and advice on rules pr.omul�ated by the State which 3re to be enforced by the City. 6. The State shall annually revi�ta the City's pro�ram to determine its continued ccnnpliance with this A,greement. Annual review criteria shall include average establishment demerit score, internretation of requirements, administrative procedures (completeness of records, frequency of inspeetions, and enforcement pro- cedures), staff trainir�g, industry traininro, program support, plan review, investi- gation and reporting of food-borne outbreaks, and supportive facilities and , � measures (laboratory facilities and services, field equipment, preparedness for food-borne disease outbreaks). Any deficiencies i.n the City's program shall be reported to the City. The minimum acceptable standard for the City's performance will be the level of inspection and service performed by the City during the preceding three years. � 7o The City shall maintain at least the same ratio of sanitarians per establishment that existed. during 1977. A Food Service Sanitation Survey Officer 2 . r certified by the U. S. Department of Health, Education and Welfare shall certify that the,City's sanitarians are qualified pursuant to certification procedures established by the State and wi.thout cost to the City. 8. The City agrees to adapt ordinances, with�an effective date of not later than January 1, 1975, establishing standards for licensed establislunents 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. Nathing in this pazagraph may be construed to prohibit the City from enacti�g ordinances with more stringent requirements than those contained in Mir�nesota Statutes, Chapter 157, and rules proimilgated thereunder. 9. The �reement shall continue to be effective until terminated by either party. Termination by the City ma.y be accomplished by the City notifyir�g the State in writir�; that it intends to terminate the Agreement and that such termin- ation shall occur 180 days after receipt of such notice by the State. Termination by the State shall be in writir� acconmanied by documentation that the City program deficiencies require such termination. If the City's program is found by the State to be deficient by the criteria and standards set forth in Section 6 hereof, �iut vnder such conditions as do not create a public health hazaxd, the State raay place the City's pro�ram a�d the Agreement on a provisional sta.tus 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 i�uediately by written notice if a deficiency in the City's pro�ram results in the creation of pu:�lic health hazards. 10. This Agreement may be amended by the City and the State at any time. 11. This Agreement is effective on January 1, 1978, IN WIT�SS WHII2EOF, The parties have caused this Agreement to be executed by their duly authorized officers as of this � day of , 1977. MINNFSOTA EPARTI�IE �DF TH `j .l CTTY OF SAINP PAUL �°�',-ti,�i By: By: . , Co�issioner Mayor ��� Director, Depaztment of Finance and 2�ana�ement Services Appro o Form• By: - � �. Assistant C Attorney 3