4.9 SR 04-01-2013REQUEST FOR ACTION
TO
ITEM NUMBER
Mayor and City Council
4.9
AGENDA SECTION
MEETING DATE
PREPARED BY
Consent
Aril 1, 2013
T. John Cunningham, Fire Chief
ITEM DESCRIPTION
REVIEWED By
Otsego Fire Inspections Agreement
Cal Portner, City Administrator
REVIEWED BY
ACTION REQUESTED
Approve by motion the agreement with the City of Otsego to perform fire inspections.
BACKGROUND /DISCUSSION
The City of Elk River, through a contractual agreement, currently provides fire protection and emergency
response services to the City of Otsego. Elk River's district covers just over half of the City of Otsego,
with other portions being serviced by Albertville and Rogers.
Last year, staff entered into discussions with Otsego about performing fire inspection services. Both
parties agreed that this service would enhance public and responder safety by ensuring compliance with
applicable fire codes and provide an opportunity for the department to better "pre- plan" the response
district.
The City of Otsego has provided Elk River with a signed agreement to begin fire inspection services. The
agreement will expire on December 31, 2013, which will allow both parties the opportunity to evaluate
how to work more collaboratively in the future.
FINANCIAL IMPACT
Elk River will bill the City of Otsego $50 per hour for conducting the inspections. Inspections will be
done using existing personnel and resources.
ATTACHMENTS
■ Agreement between the City of Otsego and the City of Elk River relative to fire inspections
within a portion of Otsego
Action Motion by Second by Vote
Follow Up
POWERED By
N:APublic Bodies \City Council \Council RCA \Agenda Packet \04 -01- 2013 \Otsego Fire Inspections Agreement.docx INAMIRE1
In
1 - I'
AGREEMENT made this day of January, 2013 by and between the City of
Otsego ( OTSEGO), a Minnesota municipal corporation and the City of Elk River
(ELK RIVER), a Minnesota municipal corporation.
WHEREAS, ELK RIVER has an established Fire Department which provides
general fire coverage to portions of OTSEGO by contract; and
WHEREAS, the ELK RIVER Fire Department has the resources, knowledge and
ability to undertake fire inspections; and
WHEREAS, OTSEGO's City Code (Section 4 -2 -3, B) requires periodic fire
inspections of commercial and industrial buildings and structures.
NOW, THEREFORE IT IS AGREED BETWEEN THE PARTIES AS
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
OTSEGO. 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, observations made at the site and the results of the
inspection.
4. OTSEGO shall provide to ELK RIVER a monthly list of sites that require
fire inspections.
5. 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.
7. Interpretation and construction of this Agreement shall be governed by 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 of this Agreement shall
be adjudicated 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.
S. This Agreement shall be for a term ending on December 31, .2013
ADOPTED this 28day of January, 2013 by the Otsego City Council.
MOTION to approve made by Council person gchraed,-r and seconded by
Council person Warehime
IN FAVOR: Stockamp, Schroeder, Warehime, Heidner, Darkenwald
OPPOSED: none
cip�� , IL44Y -
Tami Loff, City Clerk
ADOPTED this day of , 2013 by the Elk River City Council.
MOTION to approve made by Council person and seconded by
Council person
2
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•
John Dietz, Mayor
Tina Allard, City Clerk