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HomeMy WebLinkAboutRES 80-030 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN INSPECTION AGREEMENT WITH STATE OF MINNESOTA Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 102769 Box: 23 Folder: RES 1980 Document: RES 80-030 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN INSPECTION AGREEMENT WITH STATE OF MINNESOTA i7 RESOLUTION 80-030 A RESOLUTION -AUTHORIZING THE MAYOR AND CITY -MANAGER TO SIGN INSPECTION AGREE- MENT WITH STATE OF MINNESOTA WHEREAS, the. City Council of the City of St. Anthony has reviewed contract required for .an .inspection agreement, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St. Anthony hereby authorizes the Mayor and City Manager to sign such agreement. Adopted this 8th day of .April, 1980. Mayor ATTEST';; • City Clerk Reviewed for Administration:: C1 STATE OF MINNESOTA (Contractual Services) AND CITY OF 'ST.-- ANTHONY • THIS CONTRACT, which shall be interpreted pursuant to the laws of the State of Minnesota, between the State of Minnesota, acting through its Department of .Public Safety (hereinafter- STATE) and the City of St. Anthony Fed. Identification No. 600.5512 (hereinafter CONTRACTOR, witnesseth that: WHEREAS, the STATE, pursuant to Minnesota Statutes 1978 , Section 299F. 46, subdivision 2 , is empowered to enter into an agreement with any county, 2 or more contiguous counties or city or other municipality, and WHEREAS, under which agreement the county (ies) , city or municipality may agree . to perform all of the inspection duties set forth in Minnesota Statute 299F. 46 , subdivision 1 (1978) , . and WHEREAS, CONTRACTOR represents that it is duly qualified and willing to perform the services set forth herein, NOW, THEREFORE, it is agreed: 1, CONTRACTOR' S DUTIES. 1. Annually inspect every hotel within its jurisdiction and enforce the provisions of the Minnesota Uniform Fire Code as it applies to those facilities at no cost to the State. 2 . Require all inspectors employed for the purposes of this contract to successfully complete the State Fire Marshal 's Enforcement Inspection Training Program to be provided to the municipality at no cost. •, 3. Adopt ordinances establishing fire safety standards at least equivalent to the minimum standards established by M.S . 299F. 011 and the rules promulgated thereunder, as such statutes and rules are amended from time to time.. The CONTRACTOR may enact ordinances with more stringent requirements . 4 . Attach to the contract a certified copy of the municipality's fire ordinance. II . CONSIDERATION .AND TERMS OF PAYMENT. A. Consideration for all services performed and goods .or materials supplied .by CONTRACTOR ;pursuant -to this -contract shall be paid by ,the STATE -as follows: Reimbursement -.for travel and subsistence expenses incurred by the contractor at' the .following -rates : Travel at 16� per mile; - lodging at $28. 50 per night; and meals at $12 .30 per day during the three-week training period beginning May .5 1980 and ending May 2.3,1980 . The .state will reimburse the contractor for the expenses of not .more than one student (s) . Total reimbursement not -to exceed .$.750 .00. .(Seven Hundred -Fifty Dollars) per student, or $ ( ) total. This contract may be amended to -allow reimbursement for training of additional students subject to the availability of funds. 1� B. Terms of Payment • 1. Payments shall be made by the -STATE promptly after CONTRACTOR'S presentation of claims for reimbursement cf expenses and acceptance of 'such claims by the STATE ' S authorized agent pursuant .to Clause VI. Claims shall be submitted in a form prescribed by the STATE and according to the following schedule: Upon completion of training. III. CONDITIONS OF PAYMENT. All services provided by CONTRACTOR pursuant to this contract shall be performed to the satisf- action of the STATE, as determined in the sole discretion of its authorized agent, and in accord with all applicable federal , state and local laws , ordinances , rules and regulations. IV. TERM OF CONTRACT. This contract shall be effective on or upon such date as it is- executed as to encumbrance by the Commissioner- of Finance , whichever occurs later, and shall remain in effect until , or until all obligations set forth in this contract have been satisfactorily fulfilled, whichever occurs. first. V. CANCELLATIOIN. This contract may be .cancelled by the STATE or CONTRACTOR .at any time, with or without -cause, upon thirty (30) days written notice -to the other party. In the event of such a cancellation CONTRACTOR shall be entitled to payment, determined on a pro rata basis, for work or services satis•- factoril_y performed. VI . STATE 'S AUTHORIZED AGENT. The STATE' S authorized agent for the purposes of administration of this contract is Department of Public Safety. Such agent -shall have final authority for acceptance of CONTRACTOR' S services and if such services are accepted as satisfactory; .shall so certify-,on each invoice submitted pursuant -to Clause II, paragraph B. VII . ASSIGNMENT. CONTRACTOR shall neither .assign nor transfer any rights or obligations under this contract without the prior written consent .of the STATE. VIII. AMENDMENTS . Any amendments to this -contract shall' be writing. IX. OTHER PROVISIONS. 1. The State will discontinue :inspectioh and enforcement actions .in those .facilities cover•ed .by the Agreement. The State .:will .provide., without,cost -to the Contractor, training and .consultation on-�problems.. The State will , provide, without cost to the .Contractor _consulation and advice .on -rules promulgated .by -the State which are enforced by the Contractor. 2 . The State .will annually review the Contractor' s program ti to determine .its continued compliance with the, Agreement. Annual review criteria include code interpretation, enforce- ment procedures , inspection results and frequency, records completeness and staff training. 3. The Agreement shall continue-.to be effective until terminated by either party in accordance with Section V. If the Contractor' s program if found by the State to be deficient, but under conditions that do not endanger the fire safety of the community, the State may continue the Agreement on a provisional status for a specific time period. 4 . The Agreement may be amended with the mutual consent of both parties. 5 . No Agreement shall be effective to . transfer any tort liability - attributable to any inspection or lack of inspection from the State to the local unit contracting to perform the inspection. IN WITNESS WHEREOF, the parties have caused this contract to be duly executed -intending to be bound thereby. APPROVED: As to form and execution by the 1. CONTRACTOR 3. ATTORNEY GENERAL: (If a- corporation, two corporate officers muss: execute. ) By: I By:— Date: Title: ` 4 . C014MISSIONER OF ADMINIST- j Date: � RATION By By: Date: Title : 5. COMMISSIONER OF FINANCE: ENCUMBERED DEPT. OF FIN- ANCE 2 . STATE AGENCY OR DEPARTMENT: By: BY: Date: Title. I Date : log (3)