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Home My WebLink About6.d. Contract Agreement - State Fire Marshall's OfficeCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: JANUARY 15, 1991 AGENDA ITEM: Contract Agreement with State AGENDA SECTION: Fire Marshal's Office NEW BUSINESS PREPARED BY: AGEN George Lundy, Fire Marshal rY= ATTACHMENTS: Letter and Contract from APPROVED BY:�� State Fire Marshal's Office In its 1990 session, the Minnesota State Legislature passed a law requiring that all public schools within the State of Minnesota undergo a fire inspection by the Minnesota State Fire Marshal's office, at least once every three years. The Minnesota Fire Marshal's office has given local fire marshals the option to continue inspecting schools within their jurisdiction, if they so desire. The City of Rosemount Fire and Community Development Departments have determined that it is in the best interest of the residents of the City of Rosemount that the Rosemount Fire Marshal continue inspecting all schools within Rosemount. Please review the attached contract. It is recommended that the Mayor and City Council authorize entering into an agreement with the Minnesota State Fire Marshal's office for continued school inspections by local jurisdiction. RECOMMENDED ACTION: MOTION to enter into a contract with the State Fire Marshal's Office to continue to conduct school inspections by the City Fire Marshal. COUNCIL ACTION: Approved. STATE FIRE MARSHAL DIVISION 285 BIGELOW BUILDING 450 NORTH SYNDICATE STREET ST. PAUL, MINNESOTA 55104 TELEPHONE: (612) 643.3080 December 20, 1990 Mr. George Lundy Fire Marshal Rosemount Fire Department 2875 145th Street West Rosemount, MN 55068 Dear Mr. George Lundy, STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY Last month, you responded to our survey concerning the public school fire inspection program and indicated that your department was interested in continuing to inspect the schools within your jurisdiction. The purpose of this letter is to bring you up-to-date on the program and to request some information from you. To date we have completed the following activities: 1. Sent out, received back, and compiled the results of the fire department survey. 2. Established a computerized database with names, addresses, and other important information on every public school building in the State of Minnesota. In addition, the database contains information concerning the fire department which serves the particular school. 3. Developed policies and procedures for State Fire Marshal Division personnel to follow for sdiool inspections. 4. Commenced inspections of existing school buildings with the first priority being school districts which have schools built before 1910. At this time we are working on the following projects: I. Development of an inspection report form to be used by inspection personnel 2. Development of a computer program to allow for date exchange with the Department of Education (in conjunction with item #1 above). 3. Distribution and collection of an inspection agreement with those jurisdictions who desire to continue their inspection of public schools. AN EQUAL OPPORTUNITY EMPLOYER Page 2 December 20, 1990 4. Development of a training class for those jurisdictions who enter into the inspection agreement. This training will probably be a one day session dealing specifically with school inspections. We hope to be able to deliver this training in January or February. In order to continue along with the development of this program, we have enclosed an inspection agreement for you to have signed by the appropriate officials and returned to this office by January 15, 1991. In addition, please send us a copy of your local ordinance which has adopted the 1988 MN Uniforni Fire Code (MUFC). Upon receipt of the above information and signed agreement, we will review the material and process the agreement. At that time we will set up a schedule for the training program. Once again, thank you for your interest and prompt response. If you have any questions or need additional information, please feel flee to contact me at (612) 643-3096. Sincerely, h Jon R. Nisja Supervisor - School Inspection Program JRN:Ime INSTRUCTIONS FOR COMPLETING SCHOOL INSPECTION AGREEMENT Attached you will find six (6) copies of the public school inspection agreement. Please follow these instructions for filling out the agreement. 1. Complete the contractor information in the first paragraph (department name, city name, and address). This should be typed or legibly printed in ink. 2. Have all six copies of the agreement signed (under CONTRACTOR) by two persons who are designated by the city to enter into agreements. Usually these persons would be the City Manager, City Administrator, Mayor or someone in similar administrative positions. 3. Have the city's attorney or other appropriate legal counsel sign at the bottom of the signature section. 4. Send all six copies of the signed agreement to the following by January 15, 1991: School Inspection Program State Fire Marshal Division 285 Bigelow Building 400 N. Syndicate Street St. Paul, MN 55104 5. After the agreement has been processed and signed by the appropriate state agency personnel, copies will be sent to you for your records. DEPARTMENT OF PUBLIC SAFETY FIRE MARSHAL DIVISION 285 BIGELOW BUILDING 450 NORTH SYNDICATE STREET ST. PAUL, MINNESOTA 55104 PUBLIC SCHOOL INSPECTION AGREEMENT This agreement is made by and between the State of Minnesota, Department of Public Safety - Fire Marshal Division (State) and Fire Department for the City of Minnesota (Contractor) address WHEREAS, the State, pursuant to Minnesota Statutes: Act of April 27, 1990, Chapter 562, 1990 Minn. Laws 1633, is empowered to require that the state fire marshal develop a plan to inspect once every three years every public school facility used for educational purposes. WHEREAS, the Fire Chief of the above named fire department, does hereby agree that: a representative of the city fire department will conduct all public school fire inspections within their jursidiction. To ensure uniformity of enforcement throughout the state, these inpsections will be conducted in accordance with standards stated in this contract, and WHEREAS, 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 jurisdiction will be inspected by contractor at least once every three (3) years. Inspections must begin during the 1990-1991 school year. 2. All public schools within contractor's jurisdiction will be inspected in accordance with the requirements of the Minnesota Uniform Fire Code (MUFC) and enforced in accordance with the policies of the State Fire Marshal. 3. State Fire Marshal division will provide the necessary training for city fire department personnel contacting to conduct these inspections. 4. Copies of inspection reports will be filed with the local school board and the State Fire Marshal and must be submitted to these authorities within seven days following inspection. 5. All variances to fire code orders must be approved by the State Fire Marshal. 6. Cancellation: This contract may be cancelled by the State, or Contractor at any time, with or without cause, upon written notice to the other party. 7. Term or Contract: This contract shall be effective on November 1, 1990, or upon such date as it is executed by the commissioner of Finance, whichever occurs later, and shall remain in effect until December 31, 1993, or until all 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 Allen Rupp, Assistant Division Director - State Fire Marshal Division. (Such agent shall have final authority for acceptance of Contractor's services and if such services are accepted as satisfactory). 9. Assignment. Contractor shall neither assign nor transfer any rights or obligations under this contract without the prior written consent of the State. 10. Liability. Contractor agrees to indemnify and save and hold the State, its agents and employees harmless from any and all claims or causes of action arising from the performance of this contract by Contractor or Contractor's agents or employees. This clause shall not be construed to bar any legal remedies Contractor may have for the State's failure to fulfill its obligations pursuant to this contract. IN WITNESS WHERE OF, the parties have caused this contract to be duly executed intending to be bound thereby. APPROVED: CONTRACTOR: 1-2 Title: Date: By: Title: Date: STATE AGENCY OR DEPARTMENT: (Authorized Signature) En Title Date: Date: Date: By: Date: ATTORNEY GENERAL: COMMISSIONER OF ADMINISTRATION: COMMISSIONER OF FINANCE: (Enc. Ctr. Authorized Signature) I certify that the signatures for the contractor have lawful authority, by virtue of the city by-laws or a city resolution, to bind the contractor to the terms of this contract agreement. Date: By: Attorney for Contractor