09.04 City of Jenkins Public Works Service Joint Powers Agreement

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written notice of termination not less than ninety(90) days prior to the date of termination of the Agreement. Either party, at its option,may terminate the Agreement as set forth above if the other party fails to comply with the terms and conditions of this Agreement. The parties also agree that this Agreement may be renewed on an annual basis upon agreement of both parties. Renewal of the Agreement may be by written resolution of both parties prior to expiration of the Agreement term. VII. ASSUMPTION OF LIABILITY: 1. Pequot Lakes agrees to assume all liability for Pequot Lakes' personnel arising out of public works services performed pursuant to this Agreement and Jenkins agrees to assume all liability for Jenkins personnel arising out of services performed pursuant to this Agreement. 2. Each party agrees that the acts of its employees and agents for any activity other than public works services identified herein shall be its responsibility and each party indemnifies the other from any claims arising out of non- public works activities caused by each party. 3. Pequot Lakes shall not be deemed to assume any liability for intentional misconduct of Jenkins personnel or any agent or employee thereof. Jenkins shall defend Pequot Lakes, its officers, employees, and agents against, indemnify and hold Pequot Lakes harmless from any claim for damages resulting from the performance of the services by Jenkins under this Agreement. 4. Jenkins shall not be deemed to assume any liability for intentional misconduct of Pequot Lakes' personnel or any agent or employee thereof. Pequot Lakes shall defend Jenkins, its officers, employees, and agents against, indemnify and hold Jenkins harmless from any claim for damages resulting from the performance of the services by Pequot Lakes under this Agreement. 5. Pequot Lakes and Jenkins shall maintain comprehensive municipal liability coverage and automobile liability coverage in an amount equal to or greater than the maximum liability applicable to municipalities under Minnesota Statutes, Section 466.04, subd. 1., as amended. Pequot Lakes and the City of Jenkins shall add the other party as an additional insured to its liability coverage for claims that may arise under this agreement Pequot Lakes and Jenkins shall also maintain workers' compensation insurance on their employees performing services under this agreement. 6. Under no circumstances shall a party be required to pay on behalf of itself and the other party any amounts in excess of the limits on liability established in Minnesota Statutes, Chapter 466 applicable to any one 2