CR 99-190 Health Inspection Services
September 30,1999
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Council Report 99-190
HEALTH INSPECTION SERVICES
Proposed Action
Staff recommends that the Council approve the following motion: Move that the Hopkins Citv
Council authorize the City Manager to sigh the Independent Contractor Agreement.
Approval of this motion will result in an agreement with Mr. Larry. Myers for the provision of health
and sanitation inspection services.
Overview
In July the City Council authorized staff to seek proposals from individuals to provide Hopkins with
health and sanitation inspection services. Staff sent letters to every licensed health inspector in the
metro area to determine whether there was anyone interested in contracting with the City for this
service. Staff received letters indicating interest from ten individuals.
Of the ten individuals only Mr. Myers had direct experience doing health inspections and was not
currently working full time for another government entity. Mr. Myers is qualified to provide this
service. The contract calls for a rate of $40.00 per hour. If Mr. Myers works an average of 8 hours
per week the annual cost would be approximately $16,600. Actual costs will depend on the
numbers of hours worked.
Primary Issues to Consider
What services will the Independent Contractor provide?
What provisions are there for ending the contract?
Supporting Information
Independent Contractor Agreement
enellie
sistant City Manager
Council Report 99-190
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Analysis of th Issu s
What services will the Independent Contractor provide?
The Independent Contractor will provide the following services:
Perform all required inspections of food and lodging establishments in the City of Hopkins, at
least annually, for the purpose of enforcing all provisions of the City food code and Minnesota
State Health Department Standards and Regulations that are applicable to restaurant and food
services and food and lodging establishments.
Provide all required inspections of public swimming pools located in the City of Hopkins, at
least twice annually, to ensure compliance with Minnesota State Health Department standards.
Provide plan review services for all new or remodeled food establishments and restaurants to
ensure compliance with all applicable state and municipal laws.
Perform investigative services, as required, for investigation of food-related complaints and
enforcement of violations and complaints relating to food and lodging establishments and
public swimming pools.
Prepare and issue all necessary orders, compliance notices, correspondence, reports, and
maintain records as may be necessary for enforcement of and verification of the compliance
with the health and sanitation laws.
The Independent Contractor is also expected to assist city staff with other health-related issues
that may arise and provide recommendations for improvements in the health and sanitation
laws.
Independent contractor shall also assist in prosecution of any violations investigated by the
Contractor, including court appearances and testimony.
What provisions are there for ending the contract?
The agreement may be terminated, by either party, upon 90 days written notice.
Alternatives
1. Authorize staff the City Manager to sign the independent contractor agreement.
2. Do not authorize the City Manager to sign the independent contractor agreement.
Staff reqommends Alternative #1.
INDEPENDENT CONTRACTOR AGREEMENT
THIS INDEPENDENT CONTRACTOR AGREEMENT (this "Agreement"), is made and
entered into effective as of the _ day of , by and between
the City of Hopkins, a municipal corporation under the laws of the State of Minnesota (the "City")
and (the "Independent Contractor").
RECITALS:
A. Independent Contractor represents that he or she is licensed and qualified to provide
professional inspection services of the type described in this Agreement.
B. The City wishes to retain Independent Contractor as an independent contractor to
perform the professional inspection services described in this Agreement.
C. The City and Independent Contractor have agreed that Independent Contractor shall
be retained by the City as an independent contractor to provide the professional inspection services
described in this Agreement in accordance with its terms and conditions.
NOW, THEREFORE, in consideration ofthe foregoing Recitals, which are incorporated in
this Agreement, and ofthe mutual agreements herein contained, it is agreed as follows:
1. Services to be Provided by Independent Contractor. Independent Contractor
agrees to work diligently and use his or her best efforts to provide the following inspection services
and professional services for the City:
a) Perform all required inspections of food and lodging establishments in the
City of Hopkins, at least annually, as required by and for the purpose of
enforcing all prov:isions of the City of Hopkins Food Code, Minnesota State'
Health Department Standards and Regulations, health codes and all other
statutes, laws, codes, rules, regulations and standards applicable to restaurant
and food services and food and lodging establishments.
b) Provide all required inspection of public swimming pools located in
the City of Hopkins, at least twice annually, to ensure compliance
with Minnesota State Health Department Standards and all other
statutes, laws, rules, regulations and codes applicable thereto.
c) Provide plan review services for all new or remodeled food
establishments and restaurants to ensure, compliance with all
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applicable state and municipal statutes, ordinances, laws, standards,
codes and regulations.
d) Perform investigative services, as required, for investigation of food-
related complaints, including those related to food-borne illnesses,
and enforcement of violations and complaints relating to food and
lodging establishments and public swimming pools.
e) All of the codes, standards, regulations, statutes, laws, ordinances and
rules referred to in Subparagraphs a)-d) of this Paragraph 2 are
hereinafter collectively referred to as the "Health and Sanitation
Laws".
f) Prepare and issue all necessary orders, compliance notices,
correspondence, reports and maintain records as may be necessary for
enforcement of and verification of compliance with the Health and
Sanitation Laws. The Independent Contractor is also expected to
assist City Staff with other health-related issues that may arise and
provide recommendations for improvements in the Health and
Sanitation Laws or other related codes to improve service delivery
and safety. Independent Contractor shall also assist in prosecution of
any violations investigated by Independent Contractor, including
court appearances and testimony.
Independent Contractor may not subcontract or delegate the performance of the services to be
provided by Independent Contractor under this Agreement without the prior written approval of the
City, which approval may be withheld in the City's sole discretion.
2. Services to be Provided by City. The City shall provide all required prosecution
services by the City Attorney, as needed from time to time to assist in enforcement of the Health and
Sanitation Laws. The City shall also provide the assistance of the City's plumbing and mechanical
inspector for consultation with the Independent Contractor and other assistance, as necessary, in the
performance of the Independent Contractor's duties under this Agreement. The City also agrees to
include the Independent Contractor as an insured under the general liability and errors and omissions
insurance policies maintained by the City. Independent Contractor acknowledges and agrees
Independent Contractor has been advised and is aware that the City's liability for claims arising
under the general liability and errors and omissions insurance maintained by the City is limited, as
provided in Minnesota Statutes Chapter 466, and that the general liability and errors and omissions
insurance to be maintained by the City is presently subject to the following limits:
a) $300,000 when the claim is one for death by wrongful act or omission and $300,000
to any claimant in any other case;
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b) $750,000 for any number of claims arising out of a single occurrence, for claims
arising on or after January I, 1998, and before January 1,2000; and
c) $1,000,000 for any number of claims arising out of a single occurrence, for claims
arising on or after January 1,2000.
Independent Contractor shall be solely responsible to maintain, at Independent Contractor's sole
expense, any additional general liability or errors and omissions insurance coverage that Independent
Contractor deems necessary in the performance of the services to be performed by Independent
Contractor under this Agreement.
Independent Contractor shall be responsible for his own office supplies, transportation, telephone,
office equipment and other facilities and materials necessary for the performance of the services to
be provided by Independent Contractor under this Agreement.
3. Records. Independent Contractor agrees that all correspondence, reports, records and
documents relating to the performance of the services to be provided by Independent Contractor
under this Agreement, including, but not limited to, all records, correspondence, reports and
documents related to the enforcement of the Health and Sanitation Laws by Independent Contractor,
shall be and remain the absolute and exclusive property of the City. All letters, correspondence,
reports and other documents prepared, issued, received or obtained by Independent Contractor, and
all other documents, papers or other materials pertaining to the services performed by Independent
Contractor under this Agreement and the enforcement of the Health and Sanitation Laws shall be
and remain the exclusive property of the City and shall be delivered to the City for its records.
Independent Contractor agrees to return all such documents and records to the City upon termination
of this Agreement and further agrees not to retain any copies thereof.
4. Compensation and Expenses. All services performed by Independent Contractor
under this Agreement shall be compensated solely by the payment to Independent Contractor of
compensation in the amount of Forty and 00/1 00 Dollars ($40.00) per hour for each hour of services
provided by Independent Contractor under this Agreement. Independent Contractor shall keep
itemized, written records of the services provided by Independent Contractor under this Agreement,
and shall submit itemized, monthly time records and compensation requests to the City Clerk no
later than the fifth (5th) day of each month during the term of this Agreement. The City shall pay
Independent Contractor the compensation due to Independent Contractor for each monthly
compensation request submitted to the City Clerk within days of delivery of each such
request. Independent Contractor shall be entitled to no other compensation for the services provided
by Independent Contractor under this Agreement. The City shall not be liable to payor reimburse
Independent Contractor for any expenses incurred by Independent Contractor unless reimbursement
for such expenses has first been authorized, in writing, by the City.
5. Indemnification and Authority of Independent Contractor. With the exception
of claims covered by the general liability and errors and omissions insurance to be maintained by
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the City under Paragraph 2 of this Agreement, Independent Contractor shall be liable for and shall
indemnifY and hold the City harmless from all liabilities associated with any negligent or intentional
acts or omissions or any fraudulent acts or misrepresentations of the Independent Contractor in
connection with the performance of the services to be provided by the Independent Contractor under
this Agreement. Independent Contractor also hereby releases and forever discharges, and agrees to
hold the City harmless and indemnifY the City from any and all costs, damages or liabilities suffered
or incurred in the performance of the services to be provided by the Independent Contractor under
this Agreement either to Independent Contractor or the property of Independent Contractor.
Independent Contractor specifically waives any right of subrogation for such costs, damages and
liabilities that may be claimed by or on behalf of any insurer of Independent Contractor.
Independent Contractor shall have no authority to bind the City to any agreement, promise or
representation unless specifically authorized to do so, in writing, with respect to a particular matter.
6. Independent Contractor Status. This Agreement does not constitute an
employment agreement between the parties. The Independent Contractor shall remain an
independent contractor, and not an employee, of the City in accordance with the provisions of this
Agreement at all times. Independent Contractor is under the control of the City as to the result of
Independent Contractor's work only to the extent stated in this Agreement and not as to the means
by which Independent Contractor's services are provided under this Agreement. Independent
Contractor shall have the right to choose his or her hours of work and may accept employment in
other endeavors, provided such other employment does not interfere with the performance of the
services to be provided by Independent Contractor under this Agreement. This Agreement shall not
be construed as a establishing a partnership or joint venture between the City and Independent
Contractor. Without limiting the generality of the foregoing provisions, Independent Contractor
shall not be considered an employee of the City for purposes of the Public Employment Labor
Relations Act, Public Employees Retirement Association, or any other statute, law, code, standard
or regulation applicable to persons employed by the City. Further, Independent Contractor shall not
be entitled to receive, nor shall the City be obligated to provide, any benefits such as vacation or sick
leave pay, pension, holiday or overtime payor insurance benefits or reimbursement for insurance
premiums, other than the insurance coverages specifically required by Paragraph 2 of this
Agreement. Independent Contractor shall not be treated as an employee of the City for federal or
state tax purposes or for purposes of workers' compensation or unemployment compensation
benefits. Independent Contractor shall be solely responsible for payment of all income tax, income
tax withholding and FICA payments payable with respect to the compensation received by
Independent Contractor under this Agreement. Independent Contractor shall also obtain, at his own
expense, all worker's compensation insurance or other insurance required in connection with the
performance of Independent Contractor's duties under this Agreement, and the City shall have no
obligation to provide any insurance benefits for Independent Contractor other than the insurance
coverages specifically required by Paragraph 2 of this Agreement.
7. Term of Agreement and Notices. The ternl of this Agreement shall begin on the
date stated in the first paragraph of this Agreement. This Agreement may be terminated by either
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party giving the other party ninety (90) days' written notice of termination. Such written notice shall
be personally delivered or sent by first class, U.S. Mail, addressed as follows:
To City:
City of Hopkins
10 10 First Street South
Hopkins, Minnesota 55343
Attention: City Clerk
To Independent Contractor:
If notice is personally delivered, such notice shall be effective upon delivery. Mailed notice shall
be deemed to be given two (2) business days after the date of mailing. Any other notice,
correspondence or other communication between the parties shall also be addressed and delivered
as stated in this Paragraph 7. All of the documents and records identified in Paragraph 3 of this
Agreement shall be and remain the sole property of the City, and shall be retained by and/or
delivered to the City at the time of termination of this Agreement. Independent Contractor agrees
to continue to cooperate with and assist the City in the investigation and/or prosecution of any
matters that are pending after the termination of this Agreement, including consultation with the City
Attorney and other independent contractors or employees of the City, and court appearances, as
necessary. Independent Contractor shall be compensated for such post-termination services at the
compensation rate stated in Paragraph 4 of this Agreement.
8. Confidentiality of Data. Independent Contractor shall not, at any time, release,
divulge or disclose any documents, reports, information or data relating to the services performed
by Independent Contractor under this Agreement to any party other than the City without the prior,
written authorization of the City.
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date
and year first above written.
CITY OF HOPKINS
INDEPENDENT CONTRACTOR
By
By
Its
APPROVED:
City Manager
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