03-08-2021 Council Packet - Laserfiche WebLink

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7.PERSONNEL, EMPLOYEES OF ORONO. Orono is an independent contractor. Personnel assigned to perform the inspections for Minnetonka Beach shall be employees of Orono, and Orono shall assume all obligations arising out of the employment relationship, including but not limited to salary, warkers' compensation, Public Employees Retirement Association, withholding tax and health insurance with respect to such personnel. Minnetonka Beach shall not be required to furnish any fringe benefits or compensation whatsoever. 8. ALL PERSONNEL TO BE OFFICERS OF MINNETONKA BEACH. The Orono Building Official or Inspector assigned to duty within Minnetonka Beach shall be provided specific authority to administer and enforce the Building Code, Zoning Ordinance including provisions of the Performance Agreement and conditions contained in a City Council's resolution approving a conditional use permit and or granting a variance provided by this Agreement. Such autharity shall be granted by proper action of the City Council of Minnetonka Beach through adoption of an ordinance specifying such authority. 9.ENFORCEMENT. Enforcement policies within Orono shall prevail as the enforcement policies within Minnetonka Beach. Orono personnel assigned to duty in Minnetonka Beach shall enforce the Building Code, Zoning Ordinance including provisions of the Performance Agreement and conditions contained in a City Council resolution approving a conditional use permit and or granting a variance. Orono Building Official will not enforce any other local, state or federal regulations, including the sections of the Minnesota State Building Code not included in the definition provided in Section 2, unless such enforcement is otherwise specifically provided for by written contract. 10. CODE VIOLATIONS AND PENALTIES. All violations occurring within Minnetonka Beach shall be: resolved by agreement between the parties, resolved by civil action of law and/or charged in accordance with the ordinances of that City and shall be subject to the penalties provided therein. Prosecution of such violation shall be by the Prosecuting Attorney of Minnetonka Beach. All costs and expenses incurred by said prosecution or other legal actions or the Minnetonka Beach City Attorney shall be paid by Minnetonka Beach. 11. COOPERATION AND ASSISTANCE. Minnetonka Beach shall provide full cooperation and assistance to Orono, its officers, agents, and employees in the rendering inspections and the Orono Building Official shall fully cooperate with all officers, agents and employees of Minnetonka Beach. Any problems resulting from the performance of these inspection services by the Orono staff shall be referred to Orono City Administrator who must respond to the Minnetonka Beach City Administrator within five (5) days of such notice. 12. FEES AND BILLING. a.Fees. Minnetonka Beach shall pay Orono far the services performed pursuant to this Agreement in the amount listed in Exhibit A. The fees in Exhibit A may be revised from time to time by written agreement of the parties. b.Billin. Orono shall bill Minnetonka Beach on or before the 15th day of each month for the retainer fee, plan review, hourly and inspection charges incurred in providing