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ITEM 7.1 Fire Inspection AgreementI Ty O I" Ot ego MINNESOTA DEPARTMENT TME{ T I l ORM TIO Request for City Council Action N.._x_n...... w.................n.._...n.nv..................x....n....................n.n......n................_.........................................._.v..._....:,.::....._.N....v...V...�:..._..... ORI IN:AT'I l CEPA E r: N..ry.......v....._....v....._..v._...N.v..........v.................._... x......n......v.v.................................... r..... EQUEST6o ' , n ..._.....r.......n...... n................... v ................................................ MEETING DATE: Administration Lori Johnson, City Administrator January 28, 2013 PRESENTER(S): REVIEWED fED B` : ITEM ; Lori Johnson, City Administrator Andy MacArthur, ur, City Attorney 7.1- Fire Inspection Agreement K411L10.1114 4 ill IP14Cal I RECOMMENDATION: MEI DATION: Recommend approval of the attached agreement between the city of Otsego and city of Elk River relative to fire Inspections within a portion of Otsego (Agreement). ARE YOU SEEKING APPROVAL of A CONTRACT? IS A PUBLIC HEARING REQUIRED? Yes No BACKGRO UND/JU TIFI ATI N: The City has ar fire inspection program that requires the Inspection of certain properties, mainly commercial and industrial. The inspection information Is of significant value to the firefighters and emergency responders who would be required to respond to an emergency at that location. Previously, fire inspections in the Elk River and Rogers fire service areas were completed by Metro West Inspection Services Inc. Beginning in 2013, Elly River is prepared to provide the inspection services which ill facilitate the transfer of information to the appropriate fire department personnel. The rate per our for inspection services with EIEC Kiger Is the same as the Metro west Inspection Services Inc. contract. Other than the change in the inspection provider, no charges are recommended to the inspection program at this time. It is understood, though, that the 2013 inspections will be more thorough; thus, additional Inspection time will be Incurred. Finally, this item was discussed at the Administrative Subcommittee meeting. The Subcommittee recommends approval of the Agreement with Elk River and further recommends not charging businesses for additional Inspection time In 2013 above the fiat inspection feet SUPPORTINGDOCUMENTS- X A17A HED u NONE POSSIBLE MOTION — — — --- — — — -- ——........:.................... ........ ......... .... ....... —--------- — ---- — ----.-----...-.........n..-....,- .......... --............... ....... _... —... --........ -----...-.-_.._............-................................................ .... — Please word motion as you would like it to appear in the minutes. Notion to approve the agreement between the city of Otsego and city of Elk River relative to fire inspections within a portion of Otsego. BUDGET INFORMATION FUNDING: BUDGETED: Xa YES NO rZA'TIONTAKEN ❑ APPROVED AS REQUESTED ❑DENIED TABLED a OTHER (Listchanges) COMMENTS: AGREEM NT BETWEEN THE CITY of OTS GO AND CITY of ELK RIVER RELATIVE To FIRE INSPECTIONS WITHIN A PORTION of OTS GO AGRE EMENT rade this day ofJanuary, 2013 by and between the City of Otsego S G , a Minnesota municipal corporation and the City of Elk River (ELK RIVER), a Minnesota municipal corporation. WHEREAS, ELIC RIVER has an established Fire Department which provides general Fire coverage to positions of OTSEGO by contract, and WHEREAS, the ELK RIVER Fire Department has the resources, knowledge and ability to undertake fire inspections; and WHEREAS, TS G 's City Code (Section -2-3, requires periodic fire inspections of commercial and industrial buildings and structures. NOW, THEREFORE IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. Commencing on January 1, 2013 ELK RIVER. shall undertake required Fire Inspections within that portion of Otsego serviced by ELK RIVER and Rogers,, 2. OTSEGO shall pay to ELK RIVER, upon receipt of properly detailed billing, $50.00 per hour only for time spent on Fire Inspections within TSEG . No additional costs such as mileage will be paid above the $50.00 per hour above stated. 3. ELK RIVER shall provide to OTSEGO at the time of billing documentation and reports in written and electronic format) regarding each inspection setting forth the address of the site inspected, the time spent on the inspection, obsei#vtios made at the site and the results of the inspection. . OTSEGO shall provide to ELK RIVER a monthly list of sites that require fire inspections. . ELK RIVER shall defend, hold harmless and fully indemnify OTSEGO from any and all claims or causes of action of whatever nature resulting from or arising from the fire inspections undertaken pursuant to this Agreement. 6. This Agreement constitutes the entire Agreement between the Parties and may only be modified by written amendment signed by both parties. . Interpretation and constivetion. of this Agreement shall be governed y the laws of the State of Minnesota. Any term or condition of this Agreement found to be invalid, illegal or unenforceable shall not render this Agreement void or unenforceable. If any particular provision ofthis Agreement shall be adjudicated ated to be invalid or unenforceable, the parties specifically authorize the tribunal making such determination to replace the invalid or unenforceable provision to allow this Agreement and the remaining provisions thereof, to be valid and enforceable to the fullest extent allowed by the law. . This Agreement shall be for a term ending on ADOPTED this day of January, 2013 by the Otsego City Council, MOTION to approve made by Council person Council person IN Avon: OPPOS CITY of OTS GO Jessica Stockam , Mayor `ami Loff, City Clerk and seconded by ADOPTED this day of , 2013 by the Elk River City Council, MOTION to approve made by Council person and seconded by Council person 2 IN FAVOR, OPPOSED: CITY OF ELK RIVER John Dietz, Maya' Tina Allard, City Clerk