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DEPARTMENT OF PUBLIC SAFETY
FIRE MARSHAL DIVISION
444 CEDAR STREET - SUITE 145
ST. PAUL, MINNESOTA 55101-5145
HOTEL INSPECTION AGREEMENT
This agreement is made by and between the State of Minnesota, Department of Public Safety - Fire Marshal
Division (State) and the City of Columbia Heights, Fire Department, Minnesota (Contractor), address 555
Mill St NE, Columbia Heights, Minnesota 55421 .
WHEREAS, the State, pursuant to Minnesota Statutes: Section 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
WHEREAS, the Fire Chief of the above named fire department, does hereby agree that a representative of the city's
fire department 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
WHEREAS, CONTRACTOR represents that it is duly qualified and willing to perform the services set forth herein,
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
I. All hotels within jurisdiction will be inspected by Contractor at least once every three (3) years.
2. All hotels within the Contractor's jurisdiction will be inspected in accordance with the
requirements of the 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 this agreement to successfully complete the State Fire
Marshal's Fire Code Up-Date Training and be knowledgeable in all State Fire Code
requirements for hotels.
(State Fire Marshal Division will provide the necessmy training for city fire department personnel
contracting to conduct these inspections.)
4. Copies of all inspection reports to be submitted to the State Fire Marshal within 30 days.
5. All variances 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 time, with or without cause,
upon written notice to the other party.
7. Term of Contract: This contract shall be effective January I, 2005, or upon the date that the final required
signature is obtained by the State, pursuant to Minnesota Statute 16C.05, Subdivision 2, whichever occurs
later, and shall remain in effect until June 30, 2008, 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 purpose of administration of this contract is
Patrick Sheehan, Bureau Chief - Inspections, 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 tlns contract
without the prior written consent of the State.
10. Liability. The Contractor and the State agree that each party 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, Section 3.376, and other applicable law.
11. State Audits. Under Minn. Stat. ~ 16C.05, subd. 5, the Contractor's books, records, documents, and
accounting 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 years 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 ofMiml. Stat. S 13.08 apply to the release ofthe 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 competent jurisdiction in Ramsey County, Minnesota.
IN WITNESS WHEREOF, the parties have caused this agreement to be duly executed intending to be bound
thereby.
APPROVED:
CONTRACTOR:
(Contractor certifies that the appropriate person( s) have
executed the contmct on behalf ofihe Contractor as required
by applicable articles, bylaws. resolutions, or ordinances)
COMMISSIO~~ ~ W~roION:
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BY:
MAY 3 1 2005
BY JANET D. WEBeR
BY:
DATE:
TITLE:
NO ENCUMBRANCE:
( AuthOlized
BY:
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