HomeMy WebLinkAboutContract 1907
1i /)J17:;C;'c!
DEPARTMENT OF PUBLIC SAFETY
FIRE MARSHAL DIVISION
444 CEDAR STREET - SUITE 145
ST. PAUL, MINNESOTA 55101-5145
PUBLIC SCHOOL INSPECTION AGREEMENT
This agreement is between the State of Minnesota, acting through its Commissioner of Public Safety - State Fire
Marshal Division ("State") and the City of Columbia Heights, Fire Department address 555 Mill Street
Northeast Columbia Heights, Minnesota 55421 ("Contractor").
WHEREAS, the State, pursuant to Minnesota Statutes 299F.47 is required to develop a plan to inspect once every
three years every public school facility used 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 Fire Chief ofthe above named fire department, does hereby agree that a representative of the city's
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, the 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 its jurisdiction will be inspected by the
Contractor at least once every three (3) years.
2. All public schools within 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 Division.
3. The State Fire Marshal Division will provide the necessary training for city fire depaIiment persOlmel contracting
to conduct these inspections. The training will include one 6 hour initial training session during the contract period,
and then one free registration for the Contractor in the Mim1esota State Fire Code update (i.e. new fire code) class
given approximately once every 3 years.
4. Copies of inspection reports completed by the Contractor will be filed with the local school board and the State
Fire Marshal Division and must be submitted to these authorities within thirty days following inspection. The
Contractor will report to the State Fire Marshal Division using the computerized inspection reporting software
provided to the Contractor by the State Fire Marshal Division.
5. All variances to fire code orders 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 or Contract: This contract shall be effective on January 1,2005, 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 purposes 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 acceptaI1Ce of the Contractor's services and if such services are accepted as satisfactory.
9. Assignment. The Contractor shall neither assign nor transfer any rights or obligations under this 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. 9 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. 9 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 competent jurisdiction in Ramsey County, Minnesota.
IN WITNESS WHERE 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 ordinances)
COMMISSIONER OF ADMINISTRATION:
(wi~~Watth61-Hy)
BY:
BY:
DATE:
TITLE:
NO ENCl.JIvIBRAJ"-ICE:
(authgrized signature)
"'/"4' J'
BY..:' . " .~, -I. )
.~. ".~ i ...-e~ "-~.4"""",~<,-,-
DATE:
DATE:
TITLE: ~;r'tc; Cki~~