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7. PERSONNEL, EMPLOYEES OF ORONO. Orono is an independent <br /> contractor. Personnel assigned to perform the inspections for Minnetonka Beach shall be <br /> employees of Orono, and Orono shall assume all obligations arising out of the employment <br /> relationship, including but not limited to salary, workers' compensation, Public Employees <br /> Retirement Association, withholding tax and health insurance with respect to such personnel. <br /> Minnetonka Beach shall not be required to furnish any fringe benefits or compensation <br /> whatsoever. <br /> 8. ALL PERSONNEL TO BE OFFICERS OF MINNETONKA BEACH. The <br /> Orono Building Official or Inspector assigned to duty within Minnetonka Beach shall be <br /> provided specific authority to administer and enforce the Building Code, Zoning Ordinance <br /> including provisions of the Performance Agreement and conditions contained in a City Council's <br /> resolution approving a conditional use permit and or granting a variance provided by this <br /> Agreement. Such authority shall be granted by proper action of the City Council of Minnetonka <br /> Beach through adoption of an ordinance specifying such authority. <br /> 9. ENFORCEMENT. Enforcement policies within Orono shall prevail as the <br /> enforcement policies within Minnetonka Beach. Orono personnel assigned to duty in <br /> Minnetonka Beach shall enfarce the Building Code, Zoning Ordinance including provisions of <br /> the Performance Agreement and conditions contained in a City Council resolution approving a <br /> conditional use permit and or granting a variance. Orono Building Official will not enforce any <br /> other local, state or federal regulations, including the sections of the Minnesota State Building <br /> Code not included in the definition provided in Section 2, unless such enforcement is otherwise <br /> specifically provided for by written contract. <br /> 10. CODE VIOLATIONS AND PENALTIES. All violations occurring within <br /> Minnetonka Beach shall be: resolved by agreement between the parties, resolved by civil action <br /> of law and/or charged in accordance with the ordinances of that City and shall be subject to the <br /> penalties provided therein. Prosecution of such violation shall be by the Prosecuting Attorney of <br /> Minnetonka Beach. All costs and expenses incurred by said prosecution or other legal actions or <br /> the Minnetonka Beach City Attorney shall be paid by Minnetonka Beach. <br /> 11. COOPERATION AND ASSISTANCE. Minnetonka Beach shall provide full <br /> cooperation and assistance to Orono, its officers, agents, and employees in the rendering <br /> inspections and the Orono Building Official shall fully cooperate with all officers, agents and <br /> employees of Minnetonka Beach. Any problems resulting from the performance of these <br /> inspection services by the Orono staff shall be referred to Orono City Administrator who must <br /> respond to the Minnetonka Beach City Administrator within five (5) days of such notice. <br /> 12. FEES AND BILLING. <br /> a. Fees. Minnetonka Beach shall pay Orono for the services performed <br /> pursuant to this Agreement in the amount listed in Exhibit A. The fees in Exhibit A may be <br /> revised from time to time by written agreement of the parties. <br /> 143899v3 6 <br />