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HomeMy WebLinkAboutCC RES 90-044 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN THE PUBLIC SCHOOL INSPECTION AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND THE STATE OF MINNESOTA Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 103694 Box: 26 Folder: RES 1990 Document: CC RES 90-044 RESOLUTION AUTHORIZING THE MAYOR AND CIN MANAGER TO SIGN THE PUBLIC SCHOOL INSPECTION AGREEMENT BETWEEN THE CIN OF ST. ANTHONY AND THE STATE OF MINNESOTA • 4 CITY OF ST. ANTHONY RESOLUTION 90-044 A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY MANAGER TO SIGN THE PUBLIC SCHOOL INSPECTION AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND THE STATE OF MINNESOTA WHEREAS, Minnesota Statutes emplower the State to develop a plan to inspect every public school facility used for educational purposes once every three years; and WHEREAS, the St.Anthony Fire Chief has agreed that a representative of the St. Anthony Fire Department will conduct said inspections within the City of St. Anthony and in accordance with standards stated in the attached Agreement. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Manager are hereby authorized by the City Council to sign the Public School Inspection Agreement between the State of Minnesota, Department of Public Safety-Fire Marshal Division and the City of St. Anthony, on behalf of the City. Adopted this day of December, 1990. Mayor ATTEST: City Clerk Reviewed for administration: 2 City Manager 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 the St. Anthony Fire Department for the City of St. Anthony Minnesota (Contractor) address 2900 Kenzie Terrace, St. Anthony, MN 55418 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, FORE, 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 'rst. 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 conlractO 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: CITY jDF ST. ANTHONY ATTORNEY GENERAL: By: By: Tide: Mayor Date: Date: December 18, 1990 COMMISSIONER OF ADMINISTRATION: By: By: Title: City Manager Date: Date: December 18, 1990 COMMISSIONER OF FINANCE: (Enc. Ctr. Authorized Signature) STATE AGENCY OR DEPARTMENT: (Authorized Signature) By: By: Date: Title: Date: — 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 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. •