HomeMy WebLinkAboutVIII-11 Authorize Signature - Joint Powers Agreement - State of Minnesota Hotel Inspections City Council Memorandum
To: Mayor Fasbender & City Council Members
From: John Townsend, Interim Fire Chief
Date: June 5, 2023
Item: State of MN Hotel Inspection Agreement
Council Action Requested:
Enter into agreement with the State Fire Marshal for inspections of hotels.
Background Information:
The City of Hastings Fire Department has been conducting hotel inspections through an ongoing
agreement. This agreement is renewed every three years. The Fire department will continue to conduct
the required inspections in all schools and hotels.
Financial Impact:
None
Advisory Commission Discussion:
None
Council Committee Discussion:
None
Attachments:
• Hotel Inspection Agreement
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DPS/SFM Hotel Inspection JPA Template (January 2023)
State of Minnesota
Joint Powers Agreement
Hotel Inspection
SWIFT Contract Number: 227785
This Agreement is between the State of Minnesota, acting through its Commissioner of Public Safety on
behalf of the State Fire Marshal division (“State”), and the City of Hastings, acting on behalf of the City of
Hastings Fire Department 115 West 5th Street Hastings, MN 55033 (“Governmental Unit”). The State and
Governmental Unit may be referred to jointly as “Parties.”
Recitals
WHEREAS, the State, under Minnesota Statutes §§ 471.59, subdivision 10, and 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 Governmental Unit hereby agrees a representative of the city’s fire
department will conduct all hotel inspections within the Governmental Unit’s jurisdiction in accordance
with Minnesota Statutes § 299F.46 and to assure uniform enforcement throughout the State of
Minnesota; and
WHEREAS, the Governmental Unit represents it is duly qualified and willing to perform the services set
forth herein;
NOW, THEREFORE, it is agreed:
Agreement
1 Term of Agreement
1.1 Effective Date. January 16, 2023, or the date the State obtains all required signatures under
Minnesota Statutes § 16C.05, subdivision 2, whichever is later.
1.2 Expiration Date. June 30, 2025, or until all obligations have been satisfactorily fulfilled,
whichever occurs first.
2 Agreement Between the Parties
2.1 All hotels within the Governmental Unit’s jurisdiction will be inspected by the Governmental
Unit no less than once during this Agreement.
2.2 All hotels within the Governmental Unit’s jurisdiction will be inspected and enforced in
accordance with the requirements of the Minnesota State Fire Code (“MSFC”) and MSFC
interpretations of the State Fire Marshal. MSFC interpretations are available to the
Governmental Unit on the State’s web page, https://dps.mn.gov/divisions/sfm/fire-
code/Pages/interpretations.aspx.
2.3 All Governmental Unit inspectors employed for the purpose of this Agreement are required
to:
2.3.1 Obtain and maintain a “Fire Inspector 1” certification issued by the Minnesota Fire
Service Certification Board or similar nationally-recognized certifying organization
during the “Term of Agreement.”
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DPS/SFM Hotel Inspection JPA Template (January 2023)
2.3.2 Attend the State Fire Marshal Hotel Inspection training program prior to conducting
hotel inspections and not less than once for every agreement period thereafter.
2.3.3 Attend the State Fire Marshal Code update training program following adoption of
each new code.
2.4 The State Fire Marshal will provide the required and necessary training for the Governmental
Unit’s fire department personnel to conduct the hotel inspections with the exception of
training for inspectors to pass the Fire Inspector Certification test.
2.5 Copies of the hotel inspection reports completed by the Governmental Unit, including
required follow-up inspection reports, must be submitted to the State Fire Marshal within
thirty (30) calendar days following any inspection. Submission of the reports by the
Governmental Unit will be made in PDF format to the following State Fire Marshal electronic
mailbox: fm.city.inspections@state.mn.us
2.6 Any variances to the fire code orders must be approved in writing by the State Fire Marshal.
2.7 Provide in writing/email to the State the names and credentials of Governmental Unit
inspectors conducting inspections pursuant to this Agreement prior to conducting inspections.
3 Authorized Representatives
The State’s Authorized Representative is the person below, or his/her successor:
Name: Ryan Whiting, Supervisor
Address: Department of Public Safety; State Fire Marshal
445 Minnesota Street, Suite 145
Saint Paul, MN 55101-5145
Telephone: 612.219.7125
Email Address: ryan.whiting@state.mn.us
The State’s Authorized Representative shall have final authority for acceptance of the
Governmental Unit’s services and if such services are satisfactory.
The Governmental Unit's Authorized Representative is the person below or his/her successor:
Name: John Townsend, Fire Chief, City of Hastings
Address: 115 West 5th Street
Hastings, MN 55033
Telephone: 651-480-6150
Email Address: jtownsend@hastingsmn.gov
4 Assignment, Amendments, Waiver, and Agreement Complete
4.1 Assignment. The Governmental Unit may neither assign nor transfer any rights or
obligations under this Agreement without the prior written consent of the State and a fully
executed Assignment Agreement, executed and approved by the same parties who
executed and approved this Agreement, or their successors in office.
4.2 Amendments. Any amendment to this Agreement must be in writing and will not be
effective until it has been executed and approved by the same parties who executed and
approved the original Agreement, or their successors in office.
4.3 Waiver. If the State fails to enforce any provision of this Agreement, that failure does not
waive the provision or its right to enforce it.
4.4 Agreement Complete. This Agreement contains all negotiations and agreements between
the State and the Governmental Unit. No other understanding regarding this Agreement,
whether written or oral, may be used to bind either party.
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DPS/SFM Hotel Inspection JPA Template (January 2023)
5 Liability
The State and Governmental Unit agree each party will be responsible for its own acts and behavior
and the results thereof to the extent authorized by law and shall not be responsible or liable for the
acts of any others and the results thereof. The State’s liability shall be governed by provisions of the
Minnesota Tort Claims Act, Minnesota Statutes § 3.736, and other applicable law. The Governmental
Unit’s liability shall be governed by provisions of the Municipal Tort Claims Act, Minnesota Statutes
Chapter 466, and other applicable law.
6 State Audits
Under Minnesota Statutes § 16C.05, subdivision 5, the Governmental Unit’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 (6) years from the end of this Agreement.
7 Government Data Practices
The State and Governmental Unit must comply with the Minnesota Government Data Practices
Act, Minnesota Statutes Chapter 13, as it applies to all 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 Governmental Unit under this Agreement. The civil remedies of Minnesota
Statutes § 13.08 apply to the release of the data referred to in this clause by either the
Governmental Unit or the State.
If the Governmental Unit receives a request to release the data referred to in this Clause, the
Governmental Unit must immediately notify the State. The State will give the Governmental Unit
instructions concerning the release of the data to the requesting party before the data is released.
8 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.
9 Termination
The State or the Governmental Unit may terminate this Agreement at any time, with or without
cause, upon 30 days’ written notice to the other party.
THE BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK
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DPS/SFM Hotel Inspection JPA Template (January 2023)
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be
bound thereby.
APPROVED:
GOVERNMENTAL UNIT
Governmental Unit certifies that the appropriate persons have
executed this Agreement on behalf of the Governmental Unit as required
by applicable articles, bylaws, resolutions, or ordinances.
BY:
TITLE: _______________________________________________
DATE: _______________________________________________
BY:
TITLE:
DATE:
BY:
TITLE:
DATE: _______________________________________________
DEPARTMENT OF PUBLIC SAFETY; STATE FIRE MARSHAL
BY: __________________________
(with delegated authority)
TITLE: _______________________________________________
DATE: _______________________________________________
COMMISSIONER OF ADMINISTRATION
As delegated to the Office of State Procurement
BY:
DATE: _________________________________________
ADMIN ID Number: ___________________________________
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