05-1034' � � Council File # � �_ ���
GreenSheet# 3028455
Presented By:
Referred To:
Committee: Date
13
i RESOLVED, that the proper City officials are authorized and directed to execute a hotel/motel fire inspection
z agreement with the State of Minnesota, Department of Public Safety as provided by the Saint Paul's Department
s of Fire and Safety Services; a copy of said agreement is to be kept on file and of record in the Office of
a Financial Services.
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Adopted by Councii: Date � U-ei�C �� a0f�
Adoption Certified by Council Secretary:
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RESOLUTION
F , � p CITY OF SAINT PAUL, MINNESOTA
Requested by Department of:
Fire & Safe Services
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Approval Recommended by Director of Financial Services:
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Form
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`� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
Department/o�ce/council: Date initiated:
FR - Fire ,�o�T_o5 Green Sheet NO: 3028455
Contact Person & Phone: Deoartment Sent To Person it'ailDate
Steve Zacqrd � 0 ire 7
22&6201 p 1 re De artnentDirector
Must Be on Council qqenda by (Date): Number z itv pttornev 1 �- 3 ��
For '
, RoUting 3 avor's Office Ma or/Assistant
O�dOf 4 ouncil
5 iN Clerk Ci Clerk
ToWI # of Signature Pages _(Clip All Locations for Signature) �
Action Requested:
Approval of the attached Council Resolution authorizing the Department of Fire and Safety Services to enter into an agreement with
the State of Minnesota to conduct fire code inspecrions of hotels and motels.
Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Mswer the Following Questions:
Planning Commission t. Has this persoNfirm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this person/frm ever been a ciry employee7
Yes No
3. Does this person/frm possess a skill not normally passessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
State law requires the State Fue Marshal's office to inspect hotels and motels every three yeazs, but permits the State Fire Marshal to
delegate this responsibility to local goveinment by conUact.
AdvanWgeslfApproved: �
By combining State Fire Mazshal inspections with our on-going Certificate of Occupancy inspecrions, hotel operators will not be
burdened with duplicate fire inspections.
Disadvantapes If Approved:
None.
Disadvantages If Not Approved:
Hotel operators will pay more inspecrion fees and ezcperience duplicate fire inspections from the State Fixe Mazshai and the City of Saint
Paul. �
Total Amount of ,
Cost/Revenue Budgeted:
Trensaction: � � � � � �
Fundinq Source: 05110 Activitv Number.
Fi nancial Information: � T
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OS- /03�-
DEPARI'MENT OF PUBLIC SAFETY
FII2E MEIRSHAL DIVISION
444 CEDAR STREET - SUITE 145
ST. PAiTL, NIINNESOTA 55101-5145
HOTEL INSPECTION AGREEMENT
Tliis ageement is made by and between the State of Minnesota, Department of Public Safety - Fire Mazshal
Division (State) and the City of St. Paul Deoartment of Fire and Safetv Services, Minnesota (Contractor), address
100 East 11` Street St Paul Minnesota 55101.
WIIEREAS, the State, pursuant to Minnesota Statutes: Secfion 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
WI�REAS, the Fire Chief of the above named fire deparhnent, does hereby agree that a representative of the city's
fire deparhnent will conduct all hotel inspections within their jurisdiction. To Ensure uniformity of enforcement
throughout the state, these inspections will be conducted in accordance with M.S. 299F.46, Subdivision 1, and
VVFIEREAS, CONTRACTOR represents that it is duly qualified and willing to perform the services set forth herein,
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
All hotels within jurisdiction will be inspected by Contractor at least once every tl�ree (3) years.
2. All hotels within the Contractor's jurisdiction will be inspected in accordance with the requirements of
tl�e Minnesota State Fire Code (MSFC} and enforced in accordance with the administrative policies of the
State Fire Marshal.
3. All inspectors employed for the purpose of thas agreement need to successfully complete the State Fire
Marshal's Fire Code Up-Date Training and be knowledgeable in all State Fire Code requuements for
hotels. (The estimated value of this training course is $500.00 per person).
(State Fire Marshal Division will provide the necessary training for cily fire department personnel
contracting to conduct these inspections.)
4. Copies of all inspection reports to be submitted to the State Fire Mazshal within 30 days.
5. AIl vaziances to the 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 rime, with or without cause,
upon written notice to the other party.
7. Term of Contract: This contract shall be effective January 1, 2005, or up,on the date that the final required
signature is obtained by the State, pursuant to Minnesota Statute 16C.05, Subdivision 2, whichever occurs
later, and shail remain in effect until June 30, 2008, or until all obligations set forth in this conlract have
been satisfactorily fixlfilled, whichever occurs first.
8. State's Authorized Agent: The State's authorized agent for the purpose of administration of this contract is
Patrick Sheehan, Bureau Chief - Inspections, or his successor in office, - State Fire Marshal Division. (Such
agent shail 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 coniract
without the prior written consent of the State.
10. Liability. The Contractor and the State agree that each parry will be responsible for its own acts and the
results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the
results thereof. The Contractor's and State's liability shall be governed by the provisions of the Minnesota
Tort Claims Act, Minnesota Statutes, Secrion 3376, and other applicable law.
1 I. State Audits. Under Minn. Stat. § 16C.05, subd. 5, the Contractor's books, records, documents, and
accounring procedures and practices relevant to this contract are subject to examination by the State
and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six yeazs from the end
of this contract.
12 Government Data Practices. The Contractor and State must comply with the Minnesota Government Data
Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this contract, and as
it applies to all data created, collected, received, stored, used, maintained, or disseminated by the
Contractor under this contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data
refened to in this clause by either the Contractor or the State.
If the Contractor receives a request to release the data referred to in this clause, the Contractor must
immediately notify the State.
13. 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.
IN WITNESS WHEREOF, the parties have caused this agreement to be duly executed intending to be bound
tl�ereby.
APPROVED:
CONTRACTOR:
(Contractor certifies thaz Uie appropriate person(s) have
executed the contract on behalf of [he Contractor as requ'ved
by applicable azticles, bylaws, resolu[ions, or rdinances)
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TITLE: t�Inilo �
DATE: �� �� ��
COMMISSIONER OF ADNIINISTRATION:
(with delegated aufhoriry)
BY:
DATE:
NQ ENCUMBRANCE:
. (Authorized Siguature)
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TITLE:
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DATE:
STATE AGENCY OR DEPARTMENT:
(with delega[ed authoriry)
BY:
TITLE:
DATE: