HomeMy WebLinkAbout20080707 - VI-05VI-5
HASTINGS FIRE DEPARTMENT
MICHAEL T. SCHUTT, FIRE & EMS DIRECTOR
i 15 West 5`° Street
Hastings, MN 55033-1815
Business Office (651) 480-6150
Fax (651) 480-6i 70
TO: Mayor Hicks and City Council Members
FROM: Michael T. Schutt, Fire and EMS Director w n ~~f
DATE: June 30, 2008 /V `
SUBJECT: School Inspection Agreement
Description:
Attached is a renewal agreement between the State of Minnesota, Department of Public
Safety, and the City of Hastings. The purpose of this agreement is to allow the City of
Hastings to perform the required inspections of local schools.
Back~round•
Minnesota state statute requires all schools to be inspected once every three years in
accordance with the requirements of the Minnesota State Fire Code. Municipalities, at
their discretion, may perform these required inspections under an agreement with the
State of Minnesota, Department of Public Safety. The local fire marshal has in the past,
under this provision, performed these inspections.
Benefit•
There are several benefits to providing these inspections at the local level. They include:
• Allows staff to remain familiar with the layout of local schools.
Allows staff to remain familiar with any hazards associated with the facilities.
Builds and maintains a relationship with school staff.
Requested Action•
Staff is recommending executing the renewal agreement allowing school inspections to
be conducted by the local fire marshal.
If you have any questions, please feel free to contact me anytime on my cell phone at
651-775-5547. I will be in attendance at the July 7, 2008, city council meeting if you
should have any questions at that time.
Attachment
cc: John Townsend, Assistant Fire and EMS Director/Fire Marshal
FIRE SUPPRESSION - FIRE EDUCATION - FIRE PREVENTION - AMBULANCE SERVICE
DEPARTMENT OF PUBLIC SAFETY
FIRE MARSHAL DIVISION
444 CEDAR STREET -SUITE 145
ST. PAUL, MINNESOTA 55101-5145
PUBLIC SCHOOL INSPECTION AGREEMENT
This agreement is between the State of Minnesota, acting through its Commissioner of Public Safety -State Fire
Marshal Division ("State") and the City of Hastings Fire Department address 1 i 5 West Fifth Street
Hastings, Minnesota 55033. ("Contractor").
WHEREAS, the State, pursuant to Minnesota Statutes 299F.47 is required to develop a plan to inspect once every
three years every public school facility used for educational purposes, and.
WHEREAS, the State is empowered under Minnesota Statutes 471.59, Subd., 10 to engage such assistance as
deemed necessary, and
WHEREAS, the Fire Chief of the above named fire department, does hereby agree that a representative of the city's
fire department will conduct all public school fire inspections within their jurisdiction. To ensure uniformity of
enforcement throughout the state, these inspections will be conducted in accordance with standards stated in this
contract, and
WHEREAS, the Contractor represents that it is duly qualified and willing to perform the services set forth herein,
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
1. All public school facilities used for educational purposes within its jurisdiction will be inspec#ed by the
Contractor at least once every three (3) years.
2. All public schools within the Contractor's jurisdiction will be inspected and enforced in accordance with the
requirements of the Minnesota State Fire Code (MSFC) and MSFC Code Interpretations of the State Fire Marshal.
MSFC Code Interpretations are available to the Contractor on the State's web page.
3. The State Fire Marshal Division will provide the necessary training for city fire department personnel contracting
to conduct these inspections. The training on the Minnesota State Fire Code is usually available approximately once
every 3 years.
4. Copies of inspection reports completed by the Contractor will be filed with the local school board and the State
Fire Marshal Division and must be submitted to these authorities within thirty days following inspection. The
Contractor will report to the State Fire Marshal Division using the computerized inspection reporting software
provided to the Contractor by the State Fire Marshal Division.
5. All variances to fire code orders must be approved by the State Fire Marshal Division.
6. Cancellation: This contract may be cancelled by the State, or the Contractor at any time, with or without cause,
upon written notice to the other party.
7. Term of Contract: This contract shall be effective on July i, 2008, or upon the date that the final required
signature is obtained by the State, pursuant to Minnesota Statute 16C.05, Subdivision 2, whichever occurs later, and
shah remain in effect until June 30, 2011, or until ail obligations set forth in this contract have been satisfactorily
fulfilled, whichever occurs first.
8. State's Authorized Agent: The State's authorized agent for the purposes of administration of this contract is Glen
Bergstrand, Supervisor or his successor in office -State Fire Marshal Division. Such agent shall have final
authority for acceptance of the Contractor's services and if such services are accepted as satisfactory.
9. Assignment. The Contractor shall neither assign nor transfer any rights or obligations under this contract without
the prior written consent of tl~e State.
10. Liability. The Contractor and the State agree that each party will be responsible for its own acts and the results
thereof and shall not be responsible for the acts of any others and the results thereof. The State's liability shall be
governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, Section 3.736, and other
applicable law. The Contractor's liability shall be governed by the provisions of the Municipal Tort Claims Act,
Minnesota Statute, Section 466.02.
11. State Audits. Under Minn. Stat. § 16C.05, subd. 5, the Contractor's books, records, documents, and
accounting procedures and practices relevant to this contract are subject to examination by the State and/or the
State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this contract.
12. Government Data Practices. The Contractor and State must comply with the Minnesota Government Data
Practices Act, Minn. Slat. Ch. 13, as it applies to all data provided by the State under this contract, and as it
applies to all data created, collected, received, stored, used, maintained, or disseminated by the Contractor under
this contract. The civil remedies of Minn. Scat. § 13.08 apply to the release of the data referred to in this clause by
either the Contractor or the State.
If the Contractor receives a request to release the data referred to in this clause, the Contractor must immediately
notify the State. The State will give the Contractor instructions concerning the release of the data to the
requesting party before the data is released.
13.Venue. Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or
federal court with competent jurisdiction in Ramsey County, Minnesota.
IN WITNESS WHERE OF, the parties have caused this contract to be duly executed intending to be bound thereby.
APPROVED:
CONTRACTOR:
(Contractor certifies that the appropriate person(s)
have executed the contract on behalf of the
Contractor as required by applicable articles,
bylaws, resolutions, or ordinances)
COMMISSIONER OF ADMINISTRATION:
{with delegated authority)
BY:
DATE:
BY: NO ENCUMBRANCE:
{authorized signature)
TITLE: ~~,;
DATE:
BY:
TITLE:
DATE:
DATE:
MINNESOTA DEPARTMENT OF PUBLiC SAFETY:
{with delegated authority)
BY: '
TITLE:
DATE:
HASTINGS FIRE DEPARTMENT
MICHAEL T. SCHUTI', FIRE & EMS DIRECTOR
115 West 5`" Street
Hastings, MN 55033-1815
Business Office (651) 480-6150
Fax (651) 480-6170
TO: Mayor Hicks and City Council Members
FROM: Michael T. Schutt, Fire and EMS Director .,~/~
DATE: June 30, 2008 / _ ,
SUBJECT: Hotel/Motel Inspection Agreement
Descriution:
Attached is a renewal agreement between the State of Minnesota, Department of Public
Safety, and the City of Hastings. The purpose of this agreement is to allow the City of
Hastings to perform the required inspections of local hotels and motels.
Background•
Minnesota state statute requires all hotels and motels to be inspected once every three
years in accordance with the requirements of the Minnesota State Fire Code.
Municipalities, at their discretion, may perform these required inspections under an
agreement with the State of Minnesota, Department of Public Safety. The local fire
marshal has in the past, under this provision, performed these inspections.
Benefit:
There are several benefits to providing these inspections at the local level. They include:
• Allows staff to remain familiar with the layout of local hotels and motels.
Allows staff to remain familiar with any hazards associated with the facilities.
Builds and maintains a relationship with local owners and managers.
Requested Action•
Staff is recommending executing the renewal Agreement allowing hotel and motel
inspections to be conducted by the local fire marshal.
If you have any questions, please feel free to contact me anytime on my cell phone at
651-775-5547. I will be in attendance at the July 7, 2008 city council meeting if you
should have any questions at that time.
Attachment
cc: John Townsend, Assistant Fire and EMS Director/Fire Marshal
FIRE SUPPRESSION - FIRE EDUCATION - FIRE PREVENTION - AMBULANCE SERVICE
DEPARTMENT OF PUBLIC SAFETY
FIRE MARSHAL DIVISION
444 CEDAR STREET -SUITE 145
ST. PAUL, MINNESOTA ~~101-145
HOTEL INSPECTION AGREEMENT
This agreement is made by and between the State of Minnesota, Department of Public Safety -Fire Marshal
Division (State) and the City of Hastings, Fire Department , (Contractor), address 115 West Fifth Street
Hastings, Minnesota 5033.
WHEREAS, the State, pursuant to Mimnesota Statutes: Section 299F.46, Subdivision 2, is empowered to enter into
an agreement with any county, two or more contiguous counties, or city or other municipality to perform fire code
inspections for hotels, and
WHEREAS, the Fire Chief of the above named fire department, does hereby agree that a representative of the city's
fire department will conduct all hotel inspections within their jurisdiction. To ensure uniformity of enforcement
throughout the state, these inspections will be conducted in accordance with M.S. 299F.46, and
WHEREAS, the CONTRACTOR represents that it is duty qualified and willing to perform the services set forth
herein,
NOW TI-IEREFORE, IT IS AGREED AS FOLLOWS:
i. All hotels within the Contractor's jurisdiction will be inspected by the Contractor at ieas# once every three
(3) years.
2. All hotels within the Contractor's jurisdiction will be inspected and enforced in accordance with the
requirements of the Minnesota State Fire Code (MSFC) and MSFC Code Interpretations of the State Fire
Marshal. MSFC Code Interpretations are available to the Contractor on the State's web page.
3. All inspectors employed for the purpose of this agreement are required to successfully complete the State
Fire Marshal's Fire Code Up-Date Training and are also required to be knowledgeable in all State Fire
Code requirements for hotels.
State Fire Marshal Division will provide the necessary training for city fire department personnel
contracting to conduct these inspections. The training on the Minnesota State Fire Code is usually available
approximately once every 3 years.
The Contractor's hotel fire safety inspectors are required to attend the training on fire code changes and
hotel fire code requirements when offered by the State Fire Marshal's Office
4. Copies of inspection reports completed by the Contractor must be submitted to the State Fire Mazshai
Division withn~ thirty days following inspection. The Contractor will report to the State Fire Marshal
Division using the computerized inspection reporting software provided to the Contractor by the State Fire
Marshal Division.
5. All variances to the fire code orders must be approved by the State Fire Marshal.
6. Cancellation: This agreement may be cancelled by the State or Contractor at any time, with or without
cause, upon written notice to the other party.
Term of Agreement: This agreement shall be effective July t, 2008, or upon the date that the final required
signature is obtained by the State, pursuant to Minnesota Statute 16C.05, Subdivision 2, whichever occurs
later, and shall remain in effect until June 30, 20t 1, or until all obligations set forth in this agreement have
been satisfactorily fulfilled, whichever occurs first.
State's Authorized Agent: The State's authorized agent for the purpose of administration of this agreement
is Glen Bergstrand, Supervisor or his successor in office -State Fire Marshal Division. (Such agent shall
have final authority for acceptance of Contractor's services and if such services are accepted as satisfactory).
Assignment. Contractor shall neither assign nor transfer any rights or obligations under this agreement
without the prior written consent of the State.
10. Liability. The Contractor and the State agree that each party will be responsible for its own acts and the
results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the
results thereof. The State's liability shall be governed by the provisions of the Minnesota Tort Claims Act,
Minnesota Statutes, Section 3.736, and other applicable law. The Contractor's liability shall be governed by
the provisions of the Municipal Tort Claims Act, Minnesota Statute, Section 466.02_
11. State Audits. Under Minn. Scat. § 16C.05, subd. 5, the Contractor's books, records, documents, and
accounting procedures and practices relevant to this agreement are subject to examination by the State
and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end
of this agreement.
12 Government Data Practices. The Contractor and State must comply with the Minnesota Government Data
Practices Act, Minn. Stat. Ch. 13, as it applies to al( data provided by the State under this agreement, and
as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the
Contractor under this agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data
referred to in this clause by either the Contractor or the State.
If the Contractor receives a request to release the data referred to in this clause, the Contractor must
immediately notify the State. The State will give the Contractor instructions concerning the release of the
data to the requesting party before the data. is released.
13. Venue. Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate
state or federal court with competent jurisdiction in Ramsey County, Minnesota.
(THE REMAINING PORTION OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
IN WITNESS WHEREOF, the parties have caused this agreement to be duly executed intending to be bound
thereby.
APPROVED:
CONTRACTOR:
(Contractor certifies that the appropriate person(s) have
executed the agreement on behalfof the Contractor as required
by applicable articles, bylaws, resolutions, or ordinances)
COMMISSIONER OF ADMINISTRATION:
(with delegated authority)
BY:
DATE:
BY:
TITLE:
DATE:
BY:
TITLE:
DATE:
STATE AGENCY OR DEPARTMENT:
(with delegated authority)
BY
TITLE:
NO ENCUMBRANCE:
(Authorized Signature)
BY:
DATE:
DATE:
