08-198Council File # �tg' �9b
Green Sheet # 3050030
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RESOLUTiON
OF
Presented by
PAUL, MINNESOTA
� .
WHEREAS, the State, pursuant to Minnesota Statutes 299F.47 is required to develop a plan to inspect every public
school facility used for educational purposes once every three years; and
WHEREAS, the State is empowered under Minnesota Statutes 471.59, subd., ]0 to en�age the assistance of the City of
Saint Paul for such assistance as deemed necessary; and
WHEREAS, the State is askin� the City of Saint Paul to enter into a Public School Inspection Joint Powers A�reement
('7PA"), attached hereto and incorporated by reference; and
WHEREAS, the JPA calls for a representative of Saiqt Paul's Department of Safety and Inspec[ions Fire Inspections
Division to conduct all public school fire inspections within their jurisdiction in accordance with the pravSsions of the JPA; and
WHEREAS, the City of Saint Paol has reviewed the JPA asking for the City of Sai�t PauPs assistance to the State;
now, therefore, be it
RESOLVED, that the City of Saint Paul, by the authority granted under Minnesota Statutes 471.59, authorizes the
execution of the attached Public School Inspection Joint Powers Agreement.
Bostrom
Cader
Harris
Stark
Thune
Adopted by CounciC Date
Yeas
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Adoption Certified by Coun il Secretary
By: ,,�
Approved y ay r. Date �v �_
By:
Re�ues by Department of:
-S�Yt27� � �L � J/2S
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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o8-lqg
OepartmenUO�celcouncil; � � Date Initiated: '
$� -0cptofSafcry&Inspcc[ions ,�-FE�B . Green Sheet NO: 3050030
ConWct Person & Phone:
Phillip Owens
228-6234
Must Be on Council Agenda by (Date): '
Doc.Type: RESOLUTION
E-Documen[ Required: Y
�ocumentContact: RoberlHUmphrey
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Assign
Number
For
Routing
Order
-- -- -- - - Deoartment - --- �---- Sent7oPerson - �� - �-
0 D�. ofSafety & In�ectioos _ � __ _ __ _ _ _ __ __ _
I D�,ofSaC�&In�ct�ona �_Deoar[mentDirector __
.__- __ �._- _-_.- _ �
2 City A[torneV _'_ __" _ __ _ . _ _'_ _ _ ____ '
. 3 Mawr'sO�ce _ __Mayor/A9sistant_ _ _ '�
i 4 Council' --'- ---- � --'- -'-� -'--
- i 'Ciry Clerk _ _ _ ._ _ ___Ciry Clerk _ � _ ,_
ConWd Phone: 266-9123 '' �''�
- _-._-.___-_-_-___.'! __-__ ._-_-._.- ..- _ .-._ _-_-__-_- __. .
� Total # af Signature Pages„(Clip AII Locations for Signature)
_ ._ . - __ -___-_.-_ �__ - _-__ - - _-_ -� _- __-.-.
� Ac[ion Requested: � �
. Approval of a Joint Powers Agreement authorizing the Department of Safery and Inspectio�s to conduct all public school fire
� inspections.
i
' Recommendations: Approve (A) or Reject (R):
Planning Commission
' CIB Committee
. _. _ Civit Secvice Commission
I Personal Service Contrects Must AnSwer the Following Questions:
I �. Has this persoNfrm ever worked under a contract for this department?
Yes No
% 2 Has this personlfirm ever been a aty employee�
Yes No
' � 3. Does this personlfirm possess a skill not normaUy possessed hy any
' I current city employee?
Yes No
i
� Explain all yes answers on separate sheet and attach to green sheet
I _- -_ - —"� -_ - — — '__
� Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
�I� The State of Mmnesota, pursuant to Minnesota Stamtes, 299F.47 is required to develop a plan to inspect every public school facility
� used foc educational p�iposes every three yeazs.
Advantages If Approved:
I--- - —
'i Disadvantages if Approved:
i
I Disadvantages If Not Approved:
I
' TotatAmountof
' Transaction:
, Funding Source:
� Pinanciallnformation:
', (ExplainS
RECEIVED
--F€B -�-5-�048-
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CI'i'1( ATTORNEY
CosURevenue Budgeted:
Activity Number:
February 15, 200810:29 AM Page 1
DEPARTMENT OF PUBLIC SAFETY
FII2EMARSI3AI.DIVISION 6$
444 CEDA.R STREET - SUITE 145
ST. PAiJL, NIINNE50TA 55101-5145
PIJBLIC SCHOOL INSPECTTON JOINT POWERS AGREEMENT # DPS-M-0015
This a�eement is between the State of Mituiesota, acring through }ts Commissioner of Public Safety — State Fire
Mazs�al Division ("State") and the City of St. Paul, DepartR+ent of Safety and Inspecrions address 8 East 4`� Street,
Suite 200, St Paul, Minnesota 55101 ("Contractor"): `
WI�2EA5, the State, pursuant to Minnesota Statutes 299F.47 is required to develop a plan to inspect once every
threeyears every public schoo] facilityused for educational purposes, and.
WHEREAS, the State is empowered under Minnesota Statutes 471.59, Subd., 10 to engage such assistance as
deemed necessary, and _
WHEREAS, the Dvector of the above named municipal deparhnent, does hereby agree that a representative of the
city's inspection department will conduct all public school fire inspecrions within their jurisdiction. To ensure
uniformity of enforcement throughout the state, these inspec6ons will be conducted in accordance with standazds
stated in this contract, and
WEIEREAS, the Contractor represents that it is duly qualified and wiiling to perform the services set forth herein,
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
1. All public school facilities used for educational purposes within its jurisdiction will be inspected by the
Contractor at least once every three (3) years at no cost to the State.
2. All public schools within Contractor's jurisdiction will be inspected and enforced in accordance with the
requirements of the Minnesota State Fire Code (MSFC) and MSFC Code Interpretations of the State Fue Marshal.
MSFC Code Interpretations aze available to the Contractor on the State's web page.
3, The State Fire Marshal Division will provide the necessary training for city inspection department personnel
contracting to conduct these inspections. The training on the Minnesota State Fire Code is usually available
approximately once every 3 yeazs.
4. Copies of inspection reports completed by the Contractor will be filed with the local school board and the State
Fire Mazshal Division and must be submitted to these authorities within thirty days following inspection. The
Contractor wi11 report to the State Fire Mazshal Division using the computerized inspection reporting software
provided to the Contractor by the State Fire Marshal Division.
5. All variances to fire code arders must be approved by the State Fire Marshal Division.
6. Cancellation: This contract may be cancelled by the State, or the Contractor at any time, with or without cause,
upon written notice to the other party.
7. Term of Contract: This contract shal] be effective on 3anuary 1, 2008, or upon the date that the final required
si�ature is obtained by the State, pursuant to Minnesota Statute 16C.05, Subdivision 2, whichever occurs later, and
shall remain in effect until June 30, 2011, or until all obligations set forth in this contract have been satisfactorily
fulfilled, whichever occurs first.
$. State's Authorized Agent: The State's authorized agent for the purposes of administration of this contract is Glen
Bergstrand, Supervisor, or his successor in office, State Fire Marsha( Division. Such agent shall have final authority
for acceptance of the Contractor s services and if such services are accepted as satisfactory.
Page 1 of2 DPS-M-0015
�i l. State Audits. Under Minn. Sfat. § 16C.05, subd. 5, the Contractor's books, records, documents, and
accounting procedures and practices relevant to this contract aze subject to examination by the State and/or the
State Auditor or Legislative Auditor, as.appropriate, for a minimum of six years from the end of this contract.
9. Assignment. The Contractor shall neither assign nor transfer any rights or obligations under this contract without
the prior written consent of the State. 6 � �� �
O
10. Liabiliry. T'he Contractor and the State agree that each parry will be responsible for its own acts and the resuits
thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof
The State's liability shatt be govemed by the provisions of the Minnesota Tort Claims Act, ?vlinnesota Statutes,
Section 3.73(� and other applicable law. The Contractor's liability shall be govemed by the provisions of the
Municipal Tort Claims Act, Minn. Stat. 466.02
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 o: Minn. Stat. § 13.08 apply to the release of the data referred 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. The State will give the Contractor instructions concerning the release of the data to the
requesting party before the data is released.
13.Venue. Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or
federal court with competentjurisdiction in Ramsey County, Minnesota.
IN WITNESS WIIERE OF, the parties have caused this contract to be duly executed intending to be bound thereby.
APPROVED:
CONTRACTOR:
(Contractor certifies that the appropriate person(s)
have executed the contract on behalf of the
Contractor as required by applicable articles,
. bylaws, resolutions, or ordin ^ ances) - f}rP t�o ✓P� 9 S
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COMMISSIONER OF ADMINISTRATION:
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Page 2 of 2 DPS-M-0015