Proposed Agreement between the City and the County for Support of Municipal Environment Health Services75 COMMUNITY HEALTH DEPARTMENT
4th Floor, McGiII Building
501 Park Avenue
HENNEPIN Minneapolis, Minnesota 55415
October 5, 1981
Mr. Bill Craig
City of Hopkins
1010 First Street South
Hopkins, MN 55343
Dear Mr. Craig:
Enclosed please find two copies of the proposed Agreement between the City
and the County for the support of municipal environmental health services.
The basic agreement and exhibits are essentially the same as in previous
years with several exceptions:
The Assistant County Attorney now assigned to our Department
has made several minor wording changes to clarify the role
of the Community Health Department as the entity within the
County that the City is dealing with. In addition, clarifi-
cation to minimize County liability for acts or ommissions
of the City were included. Please contact me if you need the
specific changes by section.
The Agreement and funding covers two years, 1982 and 1983, and
should eliminate the need for this process next year. Funding
will be the same for both years and is contingent upon the
County receiving adequate Community Health Services funds in
both years.
The contract amount represents approximately a 11 percent decrease
over 1981 funding and is the scone amount of decrease as imposed
by the Minnesota Department of Health on our department.
The Assistant County Attorney is requiring that you include a
copy of your Delegation of Authority Agreement with the
Minnesota Department of Health to regulate food, beverage and
lodging activities as their agent along with your County Agreement.
HENNEPIN COUNTY
an equal opportunity employer
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Page Two
Please review the enclosed Agreement. If it is acceptable the following
procedures should be followed:
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If you have any questions regarding the Agreement or requirements please
contact me at 348-4598.
Sincerely,
The Agreement must be officially approved /accepted by reso-
lution of the City Council.
2. Both copies of the Agreement should be signed by the Mayor
and City Manager
3. Indicate on the signature page of the Agreement how your City
is legally organized.
4. Provide one official copy of the City Council minutes identi-
fying Council approval of the Agreement.
5. Provide one official copy of the Delegation of Authority
Agreement between your City and the Minnesota Department of
Health establishing your City as the agent for the Minnesota
Department of Health to regulate food, beverage and lodging
facilities.
6. Return both executed copies of the Agreement, to me along with
a copy of the Council minutes accepting the Agreement and a
copy of your State Delegation Agreement. Please return all
materials by November 6, 1981.
(23.,Zafa
John Wm. Urbach
Community Health Department
JWU:kmm
enc.
cc: City Sanitarian
Bob Mood
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minnesota department of health
717 s.e. delaware st. minneapolis 55440
(612) 296 -5221
Mr. William Craig
Hopkins City Manager
City Hall
1010 South 1st Street
Hopkins, Minnesota 55343
Dear Mr. Craig:
Enclosed are your two copies of the food, beverage and lodging contract
signed by yourself, the mayor, and also signed by George Pettersen the
Minnesota Commissioner of Health. The process of transferring responsibility
from the Minnesota Department of Health to the City of Hopkins is now complete.
I want to thank your staff as well as yourself for making this contract
a reality.
an A na1 nnnnrtuinity pmnl nvpr won
December 31, 1979
Yours very truly,
John F. Schnickel
CHS Consulting Sanitarian
Environmental Field Services
O
A G R E E M E N T
THIS AGREEMENT, made and entered into this 12th day of December 1979,
by and between the CITY OF HOPKINS, hereinafter referred to as "City" and the NQESOTA
STATE COMMISSIONER OF HEALTH, hereinafter referred to as "State is entered into pur-
surant to the provisions of the Minnesota Statutes, 1975 Supplement, Section 145.031;
WITNE SETH:
WHEREAS, the City has established an environmental health department pursuant to
Minnesota Statutes, Chapter 145; and
WHEREAS, the State as set out in Minnesota Statutes, Chapter 157, and rules promul-
gated 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 and lodging houses, restaurants, places of refreshment, and resorts, and to en-
force ordinances, rules and statutes pertaining thereto;.
NOW, THEREFOR, 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 functions assigned to the State by Minnesota
Statutes, Chapter 157, and rules promulgated thereunder, of licensing and inspecting hotels,
motels, boarding houses, lodging houses, restaurants, places of refreshment, and resorts
located in the City, as well as enforcement of applicable City ordinances pertaining thereto.
Inspection 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 de-
fined 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 specifications for proposed new or
remodeled licensed establishments to determine in advance compliance with applicable regula-
tions. The plans and specifications for lodging establishments shall include size and
layout of sleeping rooms, window locations, exits and fire escapes, maximum occupancy, a
description of ventilation and heating equipment, and floor and wall finishes. The plans
and specifications for food and/or beverage establishments, shall include a list of equip-
ment including make, model number or other identification; equipment layout; finishes of
floors, walls, and ceilings; location of toilet and handwashing facilities; lighting;
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ventilation; and hot water generating equipment. The City shall make any submitted plans
and specifications available to the State upon request.
4. The City shall perform the inspection, licensing, enforcement, and other services
agreed to herein without cost to the State, except for monies received under the Community
Health Services Act. The City will provide the State with a current list of licensed
establishments and will make inspection reports available to the State upon request.
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 provide,
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 determine its continued can
pliance with this Agreement. Annual review criteria shall include average establishment
merit score, interpretation of requirements, administrative procedures (ocxrpleteness of
records, frequency of inspections, and enforcement procedures) stiff training, industry
training, program support, plan review, investigation 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 in 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 preoceding
three years.
7. The City shall maintain at least the same ratio of sanitarians per establishment
that existed during 1979. A Food Service Sanitation Survey Officer certified by the U.S.
Department of Health, Education, and Welfare shall certify that the City's sanitarians are
qualified pursuant to standardization procedures established by the State and without cost
to the City.
8. The City agrees to enforce ordinances having an effective date of not later than
January 1, 1980 establishing standards for food and beverage establishments that are 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.
The City agrees to enforce applicable State rules and Statutes pertainin to hotels, motels
and lodging houses as fefined in Minnesota Statute 157.01. Nothing in this paragraph may
be construed to prohibit the City from enacting ordinances with more stringent tents
2.
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than those contained in Minnesota Statutes, Chapter 157, and rules promulgated thereunder.
9. The Agreement shall continue to be 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
receipt of such notice by the State. Termination by the State shall be in writing accom-
panied by documentation that the City's 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, 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 de-
ficiency in the City's program results in the creation of public health hazards.
10. This Agreement may be mended by the City and the State at any time.
11. This Agreement is effective January 1, 1980.
IN WITSS WHEREOF, the parties have caused this Agreement to be executed by their
duly authorized officers as of the 12th day of,_ 1
A DEPARTMENT OF HEALTH 0
4011111r- A. Miller,
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William P. Craig, City Nan�3er