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7.2 Pequot Lakes Fire District Contract
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04-03-2023 Council Meeting
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7.2 Pequot Lakes Fire District Contract
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b. Promptly disclose to Fire District any information City can reasonably anticipate <br />will directly affect its ability to perform its obligations under this Contract. <br />It is understood and agreed City shall have no responsibility whatsoever toward the <br />firefighters or other emergency personnel including any employment related issues <br />such as training, supervision, performance reviews, discipline, compensation, <br />benefits, insurance coverages, compliance with any employment related federal, state, <br />and local laws and rules such as OSHA, ERISA, RLSA, FMLA, or any other <br />employment related issues. It is further agreed City has no responsibility, beyond <br />paying the agreed upon Payment Amount and other charges identified above, for <br />acquiring, operating, maintaining, housing, or replacing equipment as needed to <br />provide the fire services described herein. <br />8. Insurance Requirements. Fire District shall maintain commercial general liability <br />insurance for its fire services and shall include City as an additional insured for the term <br />of this Contract and any extensions thereof. Fire District shall maintain insurance equal <br />to or greater than the maximum liability applicable to municipalities as set forth in <br />Minnesota Statutes, Section 466.04, subd. 1, as amended. Fire District shall also <br />maintain automobile, and property insurance coverages. Fire District shall provide City <br />proof of such insurance coverages and the additional insured endorsement naming the <br />City upon request. Fire District shall also maintain workers' compensation coverage as <br />required by law. <br />9. Indemnification. Fire District agrees to defend and indemnify City against any claims <br />brought or actions filed against City or any officer, employee, or volunteer of City for <br />injury to, death of, or damage to the property of any third person or persons, arising from <br />Fire Districts performance under this Contract for fire services. Nothing herein shall be <br />construed to waive or limit any immunity from, or limitation on, liability available to <br />either Party, whether set forth in Minnesota Statutes, 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. Fire District and City warrant they have the appropriate statutory <br />authority to undertake the obligations of this Contract, that the persons signing this <br />Contract are authorized signatories for the entities represented, and that no further <br />approvals, actions or ratifications are needed for the full enforceability of this Contract <br />against it; each Party indemnifies and holds the other harmless against any breach of the <br />foregoing representation and warranty. <br />12. Notices. The Parties' representatives for notification for all purposes are: <br />4 <br />
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