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Enviromental Health Service AgreementTHIS AGREEMENT is made and entered into by and between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, hereinafter referred to as the "County through its Community Health Department, hereinafter referred to as the "Department and the City of HOPKINS, a mu- nicipality organized and existing under the Laws of the State of Minnesota, hereinafter referred to as the "Municipality WHEREAS, the Municipality wishes to provide Community Health Services; and WHEREAS, County funds through the Department are available to support such services and whereas Community Health Services sub- sidy funds are available from the Minnesota Department of Health; NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the County through the Depart- ment and the Municipality agree as follows: 1. TERM OF AGREEMENT ENVIRONMENTAL HEALTH SERVICES AGREEMENT The term of this Agreement shall be from January 1, 1984 through December 31, 1985, subject to cancellation provisions contained herein. 2. CONDITIONS OF COUNTY SUPPORT HCA Form No. 104 Rev. 9/83 W I T N E S S E T H: Contract No. 40004 A. The County through the Department agrees to make payments to the Municipality for the provision of local environ- mental health services (maintenance) as described in Ex- hibit A, such Exhibit attached hereto and made a part hereof as though full set forth herein. B. The total 1984 cash payments shall not exceed $2,800, and total 1985 payments shall not exceed $2,800. C. Payments to the Municipality will be made in four (4) equal installments in the amount of $1,400, to be paid on or about July 1, 1984, January 1, 1985, July 1, 1985, and January 1, 1986 upon receipt of completed and signed Ex- hibits B and C, attached hereto and made a part hereof as though fully set forth herein. Payments shall be made in the manner provided by law for payment of claims against the County after receipt of Exhibits B and C. D. The Municipality agrees to make expenditures of County provided payments only for the purpose of providing the environmental health services as described in Exhibit A attached hereto. E. The Municipality agrees to provide semiannual reports to the County through the Department within thirty (30) days of July 1, 1984, January 1, 1985, July 1, 1985, and Janu- ary 1, 1986, detailing revenues and expenditure in accor- dance with Exhibit B attached hereto. F. The Municipality agrees to maintain a Delegation of Au- thority Agreement with the Minnesota Department of Health pursuant to Minnesota Statutes 145.55 or 145.918 to act as the agent of the Minnesota Department of Health to provide food protection services, lodging, and boarding services or children's camp inspections. The Municipality agrees to regulate public swimming pools pursuant to Minnesota Rules 7 MCAR 1.141 relating to public swimming pools, including all subsequent amendments thereto. A copy of the Delegation of Authority Agreement is attached hereto and marked and made a part of Exhibit A. 3. CONDITIONS OF THE PARTIES' OBLIGATIONS A. It is understood and agreed that the Agreement between the parties is conditional upon the County receiving suffi- cient funding from the State of Minnesota. If such fund- ing is not available, this Agreement shall be cancelled immediately upon written notice to the Municipality, other provisions for cancellation of this Agreement notwith- standing. This Agreement may be renegotiated to reflect any reduced funding. B. Any material alterations, variations, modifications, or waivers of provisions of this Agreement shall be valid only when they have been reduced to writing as an amend- ment to this Agreement signed by the parties hereto. C. Upon cancellation or termination of this Agreement, the Municipality will reimburse to the County through the Department any and all unobligated funds as required by the Minnesota Department of Health. This reimbursement shall be made within sixty (60) days of the effective date of such termination. D. In the event of any policy changes which result in a re- duction of services or major inconsistencies with the 1984 -1985 Hennepin County Community Health Services Sub- sidy Plan written pursuant to Minnesota Statutes 145.911 to 145.922, the Municipality will notify and consult with the County through the Department before implementing the new policy. 4. AUDITS, REPORTS, MONITORING PROCEDURES, AND RECORDS A. The Municipality will: (1) Maintain a bookkeeping system which sufficiently and properly reflects all direct and indirect costs of any nature expended in the performance of this Agreement. (2) Provide a semiannual budget /expenditure report within thirty (30) days of July 1, 1984, January 1, 1985, July 1, 1985, and January 1, 1986, to the County through the Department detailing all revenues and expenses as described in Exhibit B attached hereto. (3) Provide a semiannual program activity report within thirty (30) days of July 1, 1984, January 1, 1985, July 1, 1985, and January 1, 1986, to the County through the Department as described in Exhibit C at- tached hereto. B. The Municipality agrees that the County through the De- partment or any of its duly authorized representatives, at any time during normal business hours and as often as the County may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, and other docu- ments, which are pertinent and involve transactions relat- ing to this Agreement. Such material must be retained for five (5) years by the Municipality. C. The County through the Department will monitor and evalu- ate the performance of the Municipality under this Agree- ment on an ongoing basis. 5. DATA PRIVACY All data collected, created, received, maintained, or dissemi- nated for any purposes by the activities of the Municipality because of this contract is governed by the Minnesota Govern- ment Data Practices Act, Minnesota Statutes 1982, Sections 15.1611 to 15.1699, Minnesota Statues 1982, Sections 254A.09 and 626.556, Minnesota Statutes 1982, Sections 626.557, as amended by the Laws of Minnesota 1983, Chapter 273, the Minne- sota Code of Agency Rules implementing such Act now in force, or hereafter adopted, as well as Federal regulations on data privacy. The Municipality agrees to hold the County harmless from any claims resulting from the Municipality's unlawful disclosure or use of private or confidential information. 6. EQUAL EMPLOYMENT OPPORTUNITY AND CIVIL RIGHTS During the performance of this Agreement, the Municipality agrees to the following: No person shall, on the grounds of race, color, creed, reli- gion age', sex, handicap, marital status, affectional prefer- ence, public assistance, criminal record, or national origin, be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to dis- crimination under any program, service, or activity under the provisions of any and all applicable Federal and State laws against discrimination including the Civil Rights Act of 1964. The Municipality will furnish all information and reports re- quired by the County or by Executive Order No. 11246 and Re- vised Order No. 4, and by the rules and regulations and orders of the Secretary of Labor for purposes of investigation to ascertain compliance with segulations and orders of the Secre- tary of Labor for purposes of investigation to ascertain com- pliance with such rules, regulations, and orders. 7. FAIR HEARING AND GRIEVANCE PROCEDURE The Municipality will establish a system through which recipi- ents of service may present grievances about the operation of the service programs, and the Municipality will advise recipi- ents of service of this right. 8. INDEMNITY The Municipality agrees to defend, indemnify, and hold the County, its officers, and employees harmless form any liabil- ity, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from an act or omission of the Municipality, its agents, em- ployees, or contractors in the performance of the services provided by this Agreement and against all loss by reason of the failure of said Municipality full to perform, in any re- spect, all obligations under this Agreement. The Municipality warrants that it has sufficient insurance coverage to meet the Municipality liability requirements of Minnesota Statutes 466.02 and 466.04, and to comply with the foregoing indemnification provisions. 9. INDEPENDENT CONTRACTOR It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co- partners between the parties hereto or as constituting the Municipality as the agent, representative, or employee of the County for any purpose or in any manner whatsoever. The Municipality is to be and shall remain an independent contractor with respect to all service performed under this Agreement. The Municipality represents that it has, or will secure at its own expense, all personnel required in performing services under this Agreement. Any and all person- nel of the Municipality or other persons, while engaged in the performance of any work or services required by the Municipal- ity under this Agreement shall have no contractual relation- ship with the County and shall not be considered employees of the County, and any and all claims that may or might arise under the Unemployment Compensation Act or the Workers' Com- pensation Act of the State of Minnesota on behalf of said personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the Municipality, its officers, agents, contractors, or employees shall in no way be the responsibility of the County; and the Municipality shall defend, indemnify, and hold the County, its officers, agents, and employees harmless from any and all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the County, including without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Insurance, disabil- ity, severance pay, and PERA. 10. SUBCONTRACTING AND ASSIGNMENTS The Municipality shall not assign, sublet, transfer, or pledge this Agreement and /or the services to be performed hereunder, whether in whole or in part, without the prior written ap- proval of the County. 11. NOTICE OF CANCELLATION This Agreement may be terminated upon thirty (30) days' writ- ten notice of either party. Municipality, having signed this Agreement, and the Hennepin County Board of Commissioners having duly approved this Agreement on 19 and pursuant to such approval and the proper County officials having signed this Agreement, the parties hereto agree to be bound by the provisions herein set forth. Approved as to legality, form, and execution. Assistant County Attorney Date: COUNTY OF HENNEPIN, STATE OF MINNESOTA By: Chairman of Its County Board And: Associate /Deputy County Administrator ATTEST: Clerk of the County Board HOPKINS By: Its Mayor And: City organized under: Charter Its City Manager Plan A Plan B EXHIBIT A Program Title: Municipal Environmental Health Services Maintenance of Existing Programs Problems Addressed Problems addressed by this program include the prevention of food -borne illness; maintenance of lodging and boarding care facilities; community sanitation; children's camp sanitation; swimming pool sanitation and related activities performed by or 'under the supervisiosn of full or part -time environmental health specialists, public health sanitarians or other personnel approved by the Minnesota Department of Health. Goals: 1. Prevent food -borne illness, and contamination and decomposition of food during production, processing, distribution, storage, preparation and service. 2. Promote safe and sanitary environments in lodging and boarding care facilities to prevent injuries and illnesses associated with such places. 3. Prevent transmission of acute and chronic disease agents by ensuring quality of on -site drinking water supplies, and safe and sanitary disposal of on -site wastewater. 4. Prevent irritations, illnesses, injuries and deaths associated with environmental conditions of swimming pools and the community environment, children's camps and other recreational facilities. 5. Provide basic environmental health services consistent with the characteristics of the geographic area and the population. Objectives: 1. To ensure, in those municipalities with full -time personnel, the provision of environmental health services consisting of routine inspection, complaint investigation, licensing, plan review and laboratory testing services. 2. To ensure, in those municipalities with part -time personnel, the provision of basic environmental health services; continue to examine unmet problems and expanded programming to fill gaps in services or resources. 3. To develop appropriate agreements with the Minnesota Department of Health for delegation of authority to permit municipal responsibility for certain licensing and inspectional activities pursuant to Minnesota Statutes 145.55 or 145.918. 4. To continue the development and utilization of a County -wide information system for environmental health services. EXHIBIT B DEFINITIONS /EXPLANATIONS FOR REPORTING FORMS REVENUES, GENERAL: My environmental health activity for which a permit, license, or similar control device is required and for which a fee is paid, should be indicated. This includes fees from other municipal departments for which an environmental expenditure is claimed; i.e., revenues from water billing for expenditures claimed for chlorine, fluorine, or housing maintenance fees /permits for the provision of housing maintenance inspections. Liquor license fees are not to be included. Any other revenue; i.e., special grant or subsidy, should be reported in this section. EXPENDITURES, GENERAL: If expenditures are claimed for services /activities which are not conducted by regular environmental health personnel (including overhead and other common costs), then those claims must be supported by: appropriately documented time distribution records; an approved uniform system for allocating indirect costs which is applied and used on all city programs; and other documentation on file and up-to -date in support of all other allocation basis used to distribute costs to the program under this agreement. For example, "An estimate of 10 percent of a staff person's time devoted to a program is not an acceptable allocation process. PERSONNEL Personnel not providing a full -time equivalent work load in environmental health should have their work allocation listed on a separate page in addition to the dollar amount listed in the expenditure section. Personnel such as housing inspectors, nuisance inspector, City Clerk, City Manager, etc., must have adequate support documentation provided to claim environmental expenditures (time reports or statistical allocation). FRINGE BENEFITS Include employer's contribution to P.E.R.A., F.I.C.A., hospitalization insurance, life insurance and workmen's compensation. OFFICE SUPPLIES Include costs incurred for telephone, duplication services, postage, printed forms, and miscellaneous expendable office supplies. PROFESSIONAL SERVICES Include expenditures for laboratory activities or consultative services related to the environmental health program. OPERATING SUPPLIES Include field test equipment, chemicals, thermometers, sampling materials, film and developing and miscellaneous operating supplies. EQUIPMENT REPAIR Self explanatory. MISCELLANEOUS Include epxenditures for attendance of professional meetings, continuing education, dues and subscriptions, books and publications. CAPITAL OUTLAY Include major expenditures for equipment and facilities. SPACE RENTAL Self explanatory. TRANSPORTATION Include cost of operating agency vehicle(s) or reimbursement for the use of personal auto. OTHER Please specify, in detail, what the expenditures are for.