01-09-2019 Council Packet - Laserfiche WebLink

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5. To comply with provisions of the Minnesota State Fire Code, City shall insure the activities of Lee related to the performance of services under this Agreement, as part of its general liability coverage. The provisions of the Fire Code related to this paragraph are as follows: Minnesota State Fire Code 103.4 - Liability. The fire code official, officer or employee charged with the enforcement of this code, while acting for the jurisdiction, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required or permitted in the discharge of official duties. Minnesota State Fire Code 103.4.1 - Legal defense. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The fire code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the department of fire prevention, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith. 6. It is understood that enforcement and administration of the Minnesota State Fire Code is a public service and is of necessity limited in nature. Consequently, fire inspections are not to be construed or relied upon as any type of warranty, guarantee, or representation on the part of the Fire Marshal or Lee that the plans, construction, or finished project are necessarily in conformance with the provisions of the Minnesota State Fire Code or other standards. C. SCHEDULE AND COMPENSATION: 1. Hours of Service. Services provided pursuant to this Agreement shall be based upon 16 hours per week, on average (calculated on services provided for each month this agreement is in effect). Hours of service shall be scheduled at the Lee’s discretion, provided that said hours will fall within the City’s normal business hours unless prior approval is obtained by Lee from City. Lee shall also provide City with a schedule of service availability for each month two weeks prior to the commencement of said month. 2. The monthly fee for the services provided under this agreement shall be $2,642. Said fee may be adjusted upon 30 days notice from Fire Marshal to City, subject to City’s consent. Said fee is inclusive of all costs, supplies, mileage, benefits, expenses, etc. and no additional charges shall be made to City. Should the Fire Marshal wish to absent himself from performance of the aforementioned duties to accommodate a vacation or some other extended absence, the Fire Marshal shall provide reasonable advance notice to the City of said request. The City agrees to reasonably accommodate the Fire Marshal’s request, at the City’s sole discretion. Payments to the Fire Marshal shall be adjusted to reflect the approved absence.