6. Joint Fire Department Discussion

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Subdivision 3. Rules, Policies and Procedures. The Board must, in a reasonable time following the Effective Date, but prior to the Fire Services Commencement Date, adopt rules, policies, procedures, bylaws and regulations governing operation, management, department structure, personnel administration and all other like matters related to the District and its employees and operations. Subdivision 4. It shall be the duty and responsibility of the Fire Chief unless otherwise designated by the Board,to communicate directly with the respective City Councils of the Parties. In the event that a Party deems it necessary to receive direction on any matter, the Fire Chie; unless otherwise designated by the Board,shall attend,or direct a District employee to attend,one City Council meeting per month. Subdivision S. The District shall enforce and'shall be provided authority to enforce state and federal laws and the ordinances of the Parties to this Agreement in the provision of the Fire Services through proper action of the City Co nicil of said Parties,as applicable. Subdivision 6. The Board shall manage the District and Fire Services contemplated by this Agreement for the District. Upon the Fire Services Commencement Date the Board shall assume and be responsible for workers'coMpensation,withholding tax,insurance, fringe benefits, social security and all other employer obligations for District employees as may be applicable. Upon the Fire Services Commencement Date, the City of Breezy Point and the City of Pequot Lakes each waive their respective_rights to make a claim against the other or District arising out of workers compensation Issues involving District employees. ARTICLE XVII ALLOCATION OF RESOURCES The Parties recognize that occasions_wili arise on which demand for Fire Services outlined in this Agreement will exceed theresources available for provision of such Fire Services. In such circumstances,the District shall use,its best judgment to prioritize the delivery of Fire Services. The District shall have complete discretion in prioritizing the delivery of Fire Services pursuant to this Agreement. ARTICLE XVIII LIABILITY AND INDEMNIFICATION Subdivision 1.The District is a separate and distinct public entity to which the Parties have transferred all responsibility and control for actions taken pursuant to this Agreement. The District shall comply with all laws and rules that govern a public entity in the State of Minnesota and shall be entitled to all of the protections of Minnesota Statutes,Chapter 466. Subdivision 2. The District shall hold harmless, defend and indemnify the Parties, and their officers,employees,agents,and volunteers,from and against all claims,damages,losses,and expenses,including reasonable attorneys fees, arising out of the acts or omissions of the District in carrying out the terms of this Agreement. The District's duty to indemnify will be limited to its Joint Powers Agreement to Provide Fire Services Page 15 of 23