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10.b City Attorney Response re Minnesotan Cup plank.cammilleri From: Chris Nelson <cnelson@eckberglammers.com> Sent: Tuesday, January 19, 2021 2:08 PM To: k.cammilleri Subject: FW: Minnesotan Cup - COVID 19 Preparedness Hello Ken, Regarding the Minnesotan Cup, while I consider the current Executive Order (20-01) and the Department of Health guidance to be somewhat contradictory, as I said on the phone yesterday, upon looking at the language with my colleagues, organized adult sports are allowed pursuant to Paragraph 7(h) of Executive Order 20-01. The Minnesotan Cup is an organized, annual hockey tournament with up to 80 adult participants and it therefore falls within and is governed by paragraph 7(h). Based on the guidance in paragraph 7(h), it appears the organization facilitating adult sports and the host facility must both have COVID-19 preparedness plans. In this case, the City of Scandia would be the host facility. Minnesotan Cup: the Minnesotan Cup has to adhere to the requirements of paragraph 7(d) of the Executive Order, which requires a COVID-19 Preparedness Plan meeting the requirements of that paragraph. Here is a link to the State's COVID- 19 Preparedness Plan template: https://www.dii.rnn.gov/sites/default/filestl2df/COVID 19 business plan tem late. df • Minnesotan Cup has supplied their proposed preparedness plan, which is currently in front of the Council. While the plan appears general, it also appears to have some of the basic requirements of a plan as identified in State's template plan. Omitted are "workplace building and ventilation protocols, workplace cleaning and disinfecting protocols; and drop -off -pick-up, and delivery protections and protocols." To the extent these apply, they should be added. • Additionally, as an event with spectators, the plan should also include protections and protocols for those spectators. The event is limited to 250 people, which is the outdoor venue guidance limit. Before the City proceeds with the event on their facilities, they should ensure that Minnesotan Cup modifies their plan and touches on all necessary areas of compliance. The City of Scandia: Executive Order 20-01 also states that "indoor or outdoor facilities that support Organized Adult Sports must also adhere to the requirements set forth in Paragraph 7(d), including the development and implementation of a COVID-19 Preparedness Plan in accordance with applicable guidance for adult sports available on the Stay Safe Minnesota website. Here is a link to the sports guide: htt s: www.health.state.mn.us diseases coronavirus s orts uide. df • The City's general COVID-19 Preparedness Plan does not appear to apply. For example, that plan states that "The City will not host any recreational programming until further notice. The City will provide full refunds for individuals who had registered for recreational programing." Therefore, before the City proceeds with the event on their facilities, the City would need to make a preparedness plan for use of the facilities. Finally, I am unaware if the City has any type of contract or facility lease agreement with the Minnesotan Cup. Please provide such a contract as soon as you are able for review. I would like to see proof of insurance as well. I have not seen a special event permit application here, a signed indemnification agreement, or any proof of general liability insurance coverage. Ultimately, whether to allow this event is a discretionary matter for the Council. I cannot say that it is prohibited by the Executive Order. I note the extremely short amount of time before the event. Given the time, there is a concern about both the Minnesotan Cup and the City implementing a COVID-19 preparedness plans in advance of this event occurring. Please note that there are criminal and civil enforcement penalties for failure to comply with Executive Order 20-01. Regarding civil enforcement, which is handled by the Attorney General, penalties of up to a $25,000.00 fine, plus attorney's fees and costs, are possible for lack of compliance. Individuals who "willfully violate" Executive Order 20-01 are subject to a misdemeanor charge. Chris Nelson Attorney ECKBERG LAMMERS A71C1RNF`'S Al. ! AW 1809 Northwestern Avenue I Stillwater, MN 55082 Direct: 651-351-2137 1 Fax: 651-439-2923 eckber lammers.corn E3©®9 Confidentiality Note: This message and any attachments may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient or are not authorized to receive for the recipient, you are hereby notified that dissemination, distribution or copying of this message and any attachments is strictly prohibited. If you have received this message in error, please immediately advise the sender by reply e-mail and delete the message and any attachments. Thank you.