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Home My WebLink AboutCC RES 95-020 RESOLUTION APPOINTING A PROSECUTING ATORNEY FOR THE CITY OF ST. ANTHONY Meeting Sheet 1111111111111111I 103351 Box: 26 Folder: RES 1995 Document: CC RES 95-020 RESOLUTION APPOINTING A PROSECUTING ATORNEY FOR THE CIN OF ST. ANTHONY • CITY OF ST. ANTHONY RESOLUTION 95-020 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE PUBLIC SCHOOL INSPECTION AGREEMENT WHEREAS, Chapter 562, 1990 Minn. Laws 1633 requires that public school fire inspections be performed once every three years in every public school facility used for educational purposes; and WHEREAS, said inspection must be done by a representative of the city fire department within the jurisdiction of the public school facility. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby authorizes the Mayor and City Manager to execute the Public School Inspection • Agreement on behalf of the City. Adopted this 14 day of , 1995. 44 Mayor ATTEST: City Clerk Reviewed for administration: City Minager • 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 ST. ANTHONY Fire Department for the City of ST. ANTHONY , Minnesota (Contractor), address 2900 KENZIE `1'ERR ST ANTfinNY , MU 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 jurisdiction. To ensure uniformity of enforcement throughout the state, these inspections 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 1994-1995 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 contracting 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. Teri or Contract: This contract shall be effective on January 1, 1994, or upon such date as it is executed by the commissioner of Finance, whichever occurs later, and shall remain in effect until • December 31, 1997, 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 Jon Nisja, 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). 9. Assignment. Contractor shall neither assign nor transfer any rights or obligations under this contract without the prior written consent of the State. Chapter 466 Subject to the limitations of liabilty set forth in Minnesota Statutes, Cha p 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: ATTORNEY GENERAL: CONTRACTOR: By: Eyr Date: C arence Ranallo Title: Mayor Date .E'14-95 COMMISSIONER OF ADMINISTRATION: By: E Michael Ifomson Date: Title: City Ma> r� Date COMMISSIONER OF FINANCE (Enc. Ctr. Authorized Signature) STATE, AGENCY OR DEPARTMENT: r (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 DORSE & W TNEY P.L.L.P.� • By. William R.Soth, Partner Attomey for Contractor DoRsEY & WHITNEY • A Pna.....-INCLUDING P808E93 .-C.OIt£OItA .. NEW YORK ROCHESTER,MN PILLSBURY CENTER SOUTH WASHINGTON, D. C. 220 SOUTH SIXTH STREET BILLINGS MINNEAPOLIS, MINNESOTA 55402-1496 DENVER (612) 340-2600 GREAT FALLS FAX(612)340-2868 ORANGE COUNTY, CA MISSOULA LONDON DES MOINES VVU JAM R.90TH BRUSSELS (612)390"2969 FA R G O January 30, 1995 Mr. Michael J. Mornson City Manager City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 RE: Public School Inspection Agreement Dear Mike: I have reviewed the proposed agreement with the State of Minnesota, Department of Public Safety--Fire Marshal Division, for inspection of public schools by the St. Anthony Fire Department, and have the following comments: 1. As we discussed, this agreement should be signed by you and the Mayor, rather than by the Fire Chief and Fire Marshal. I have had my secretary retype the City's signature block for this purpose. 2. As we discussed, this contract, like all contracts other than those which you are authorized to enter into alone as City Manager, should be approved by resolution of the City Council. 3. 1 have inserted some language in paragraph 10 to make it clear that the City's obligation to indemnify the State is subject to the liability limits provided by Minnesota Statutes, Chapter 466. 4. As we discussed, you should check with your insurance people to make sure that the City's insurance coverage includes the contractual liability to • indemnify the State, as set forth in Section 10 of the agreement. It should be clear in IDORSEY & WHITNEY Mr. Michael Mornson January 30, 1995 Page 2 your insurance coverage that the City is insured with respect to any contracts of this sort. 5. I have signed as City Attorney, under the assumption that you will have the Council adopt the appropriate resolution. The contract should not be sent to the State until the Council has adopted that resolution. If you have any further questions regarding this matter, please let me know. Very truly yours, d William R. Soth Dorsey & Whitney P.L.L.P. WRS:gle Enclosure Dorsey & Whitney P.L.L.P. is a Professional Limited Liability Partnership in then}► i la J 4drn:ncrenve Offices 3301 Siher Lake Road St Anthony. Minnew:a 554 1 5 1699 ,612, 789-SS31 FAX 16121 789.9602 LETTER OF TRANSMITTAL TO:�-Z�i,( � . �t, DATE:; z5� 9, Enclosed jv(are) YLL LI-, ca-1 ZL . k iL ig �/%! �.,�.� •'`C-Lf1'!.e—titJ`" lyY1 C� c2L.�Y(. �C1iYY� , These are transmitted as checked below: [_] As requested [ l For signatures [_] For your use [_l Approved by Council [Yl For your review and comment [_l Return fully executed copies [_] For approval Remarks: Signed ��) 12800 Whttcwatcr 11rwc,tiintt ).;0 Minncapolk.Nib .5.134.5 64N9 I'i'i (612,933 1%;00 American Risk Services, Inc. Iax:th►2i911.84;6 February 3, 1995 Mr. Michael ) Morrison, City Manager City of St Anthony 3301 Silver Lake Road ; Sl. Anthony,MN 55418 Rc. Public School Inspection Agreement Dear Mikc- I have rcviLwed the letter from Bill Soth(January 30, 1995)and the modified Public School Inspection Agreement. In Bill's letter, he wants to verify that the coverage for the City will properly cover the liability set forth in the agreement. 'I'he Municipal Liability Coverage provided by the League of Minnesota Cities insurance Trust(L.MUIT)covers a"covered contrict". The definition of a covered contract is: g. That part of any other contract or agreement pertaining to the"City's"business under which the"City" assumes the tort liability of another to pay damages to a third person or organization, if the contract or agreement is made prior to the date of the uxx;urrcnm giving rise to Lite damages. Tort liability means that"...liability which would be opposed by law in the absence of any contract or agreement" Based upon the definition of a covered contract,this agreement falls within the confines of this definition The Citywould be protected up to its lintits of liability of$600,(00. If I can be of further assistance to you,please feel free to contact me. Best Regards. itt¢trcly, -i 0�—, T. Flatcn President MTF/CMS CADA rASA�CORRFSP420394F 1XX: )OA M.magents„t • I'n,l+l,ticr Itcnr►its • (:u�ti,uh�nt TnTnl D fat