Agenda - Council - 11/14/2006 - Laserfiche WebLink

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B. Termination. This Agreement shall terminate upon the occurrence of one of the following events: 1. Upon written agreement of both parties; 2. Upon expiration of the Ramsey Coach Service Option and any extension thereof, without timely notice by the City to the NCDA to exercise said option; 3. Upon termination or assignment of the Laidlaw contract; 4. Upon sixty (60) days' written notice of intent to terminate with or without cause by either Party, given to the other Party; or 5. Upon termination of the joint powers agreement and wind down of the affairs of the NCDA. C. Accountability for Funds. All funds shall be accounted for according to generally accepted accounting principles. The City may request reports pertaining to budgeting and accounting services provided pursuant to this Joint Powers Agreement. D. Records, Accounts and Reports. The NCDA and the City shall establish and maintain such funds and accounts as may be required by good accounting practices. The relevant books and records of the NCDA and the City shall be subject to the provisions of Minnesota Statutes, Chapter 13, the Minnesota Government Data Practices Act, and Minn. Stat. § 16C.05, subd. 5. E. Disposition of Excess Revenues. Upon termination of this Joint Powers Agreement, the NCDA and the City shall pay all outstanding obligations and the City shall be solely responsible for paying all costs associated with terminating the Ramsey Coach Service or in accepting an assignment of the Laidlaw Contract. Any property or surplus money for the Ramsey Coach Service remaining after all such payments have been made shall be distributed to the City, except as may be otherwise required by law. F. Indemnification and Releases. 1. Indemnification. The City hereby agrees to indemnify, defend, save and hold the NCDA, the County of Anoka, and each of said entities' elected officials, officers, employees, agents, directors, trustees and servants, harmless from any and all claims, demands, liabilities and costs, including without limitation attorney's or other professionals' fees and the costs of investigation and remediation, relating to the Ramsey Coach Service or the obligations of the NCDA_ under this Joint Powers Agreement. 2. Release. The City agrees to release and covenants not to sue the NCDA, the County of Anoka, or any of said entities' elected officials, officers, employees, agents, directors, trustees and servants, from and for any claims related to the Ramsey Coach Service or this Joint Powers Agreement that the City could otherwise assert against the NCDA or the County of Anoka, other than to enforce the NCDA's obligations under this Joint Powers Agreement. 3. Laidlaw. Notwithstanding any provision in this Joint Powers Agreement to the contrary, this Joint Powers Agreement shall not obligate the City to indemnify, defend, save and hold harmless, or to release claims against or covenant not to sue Laidlaw,for claims related to this Joint Powers Agreement or the Laidlaw Contract. 4. Immunities. The terms of this Joint Powers Agreement are not to be construed as, nor operate as, waivers of either Parties' statutory or common law immunities or limitations on liability, including, but not limited to, Minnesota Statutes Chapter 466. Further, the Parties' obligations set forth in this Section VI.F. and elsewhere in the Joint Powers Agreement are 5