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01-11-2017 Council Packet
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01-11-2017 Council Packet
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designated as Fire Marshal for performing services pursuant to this <br />Agreement. All such matters are solely the responsibility of JPL as an <br />independent contractor. <br /> <br />3. City shall provide JPL a current copy of the City’s zoning and <br />subdivision regulations, zoning and subdivision maps, comprehensive <br />plan, and other regulations on development within City. While working in <br />the community, City shall make available office space and a computer for <br />use. <br /> <br />4. City, its officers, agents, and employees shall cooperate and assist JPL <br />in the orderly performance of services to be provided for herein. <br /> <br />5. To comply with provisions of the Minnesota State Fire Code, City shall <br />insure the activities of JPL related to the performance of services under <br />this Agreement, as part of its general liability coverage. <br /> <br />The provisions of the Fire Code related to this paragraph are as follows: <br />Minnesota State Fire Code 103.4 - Liability. The fire code official, <br />officer or employee charged with the enforcement of this code, <br />while acting for the jurisdiction, shall not thereby be rendered liable <br />personally, and is hereby relieved from all personal liability for any <br />damage accruing to persons or property as a result of an act <br />required or permitted in the discharge of official duties. <br /> <br />Minnesota State Fire Code 103.4.1 - Legal defense. Any suit <br />instituted against any officer or employee because of an act <br />performed by that officer or employee in the lawful discharge of <br />duties and under the provisions of this code shall be defended by <br />the legal representative of the jurisdiction until the final termination <br />of the proceedings. The fire code official or any subordinate shall <br />not be liable for costs in an action, suit or proceeding that is <br />instituted in pursuance of the provisions of this code; and any <br />officer of the department of fire prevention, acting in good faith and <br />without malice, shall be free from liability for acts performed under <br />any of its provisions or by reason of any act or omission in the <br />performance of official duties in connection therewith. <br /> <br />6. It is understood that enforcement and administration of the Minnesota <br />State Fire Code is a public service and is of necessity limited in nature. <br />Consequently, fire inspections are not to be construed or relied upon as <br />any type of warranty, guarantee, or representation on the part of the Fire <br />Marshal or JPL that the plans, construction, or finished project are <br />necessarily in conformance with the provisions of the Minnesota State Fire <br />Code or other standards. <br />
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