Agenda - Council - 08/14/2007 - Laserfiche WebLink

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i. Liability insurance covering all automobile and fire /rescue trucks owned by Burns and employed under this Agreement in an amount not less than the maximum municipal liability limits for damage to property, and injury and death to persons contained in Minn. Stat. 466.04 as amended from time to time as well as any other insurance required by law. ii. All such insurance policies shall name Ramsey as an additional insured. Proof of such insurance shall be supplied to Ramsey annually. C. Ramsey shall fully indemnify, hold harmless and defend Burns against any claims or causes of action of any nature brought or filed against Burns, or any officers or employees of Burns arising out of or resulting from the actions of the Fire Department. D. Ramsey and Burns shall be responsible for damages to or loss of their own fire fighting equipment. The parties waive the right to bring any claim against the other party for any damages to or loss of their respective equipment, even if the damages or losses were caused wholly or partially by the negligence of the other party or its officers, employees, or volunteers. E. For purposes of determining total liability for damages, Burns, Ramsey and the Board are considered a single governmental unit as provided in Minn. Stat. Section 471.59 Subd. la. and the total liability for Burns, Ramsey and the Board shall not exceed the limits on governmental liability for a single governmental unit as specified in Minn. Stat. Section 466.04, Subd. 1. F. Nothing herein shall be construed to waive or limit any immunity from, or limitation on, liability available to either party, whether set forth in Minnesota Statutes Chapter 466 or otherwise. 7. TERM OF THIS AGREEMENT A. Except as otherwise set out in this paragraph, this Agreement shall commence on the date that the Ramsey Fire Chief, Burns Town Board and Ramsey City Council declare the Burns fire station and at least one fire truck to be operational, but in the event that date is later than December 31, 2009, this Agreement shall become null and void. Within 30 days of the execution of this Agreement by all parties, Ramsey and Burns shall appoint their respective members to the Board and the Board shall then begin to meet as required by this Agreement. In the event the Burns Fire Station and at least one fire truck are not declared operational until after December 31, 2008, the Board may set new rates, charges and fees as authorized in this Agreement, said new rates, charges and fees to be effective after December 31, 2008. B. All payments required of Burns in the year this Agreement. commences which are of 'a fixed nature (e.g. fire relief association annual payment and percentage of Ramsey administrative costs) shall be prorated from the date of commencement of this Agreement to the end of the calendar year. 8 —231—