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03.07 - Fire Contract Form Update
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12-02-2014 Council Meeting
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03.07 - Fire Contract Form Update
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a. Promptly pay Pequot Lakes the Payment Amount and other charges as indicated <br /> above for the year of service, or a prorated share of the Payment Amount for the <br /> length of service actually provided if the Contract is terminated early; <br /> b. Promptly disclose to Pequot Lakes any information Breezy Point can reasonably <br /> anticipate will directly affect its ability to perform its obligations under this <br /> Contract. <br /> It is understood and agreed Breezy Point shall have no responsibility whatsoever <br /> toward the firefighters or other emergency personnel including any employment <br /> related issues such as training, supervision, performance reviews, discipline, <br /> compensation,benefits, insurance coverages, compliance with any employment <br /> related federal, state, and local laws and rules such as OSHA, ERISA, RLSA, FMLA, <br /> or any other employment related issues. It is further agreed Breezy Point has no <br /> responsibility, beyond paying the agreed upon Payment Amount and other charges <br /> identified above, for acquiring, operating, maintaining, housing, or replacing <br /> equipment as needed to provide the fire services described herein. <br /> 8. Insurance Requirements. Pequot Lakes shall maintain commercial general liability <br /> insurance for its fire services and shall include Breezy Point as an additional insured for <br /> the term of this Contract and any extensions thereof. Pequot Lakes shall maintain <br /> insurance equal to or greater than the maximum liability applicable to municipalities as <br /> set forth in Minnesota Statutes, Section 466.04, subd. 1, as amended. Pequot Lakes shall <br /> also maintain automobile, and property insurance coverages. Pequot Lakes shall provide <br /> Breezy Point proof of such insurance coverages and the additional insured endorsement <br /> naming the Breezy Point upon request. Pequot Lakes shall also maintain workers' <br /> compensation coverage as required by law. <br /> 9. Indemnification. Pequot Lakes agrees to defend and indemnify Breezy Point against any <br /> claims brought or actions filed against Breezy Point or any officer, employee, or <br /> volunteer of Breezy Point for injury to, death of, or damage to the property of any third <br /> person or persons, arising from Pequot Lakes' performance under this Contract for fire <br /> services. Nothing herein shall be construed to waive or limit any immunity from, or <br /> limitation on,liability available to either Party, whether set forth in Minnesota Statutes, <br /> Chapter 466 or otherwise. <br /> 10. Voluntary and Knowing Action. The Parties, by executing this Contract, state that they <br /> have carefully read this Contract and understand fully the contents thereof; that in <br /> executing this Contract they voluntarily accept all terms described in this Contract <br /> without duress, coercion, undue influence, or otherwise, and that they intend to be legally <br /> bound thereby. <br /> 11. Authorization. Pequot Lakes and Breezy Point warrant they have the appropriate <br /> statutory authority to undertake the obligations of this Contract, that the persons signing <br /> this Contract are authorized signatories for the entities represented, and that no further <br /> 4 <br />
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