ITEM 7.1 Fire Inspection AgreementI Ty O I"
Ot ego
MINNESOTA
DEPARTMENT TME{ T I l ORM TIO
Request for
City Council Action
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ORI IN:AT'I l CEPA E r:
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EQUEST6o '
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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
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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
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—
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