6.10.B. SR 10-17-2005 - Laserfiche WebLink

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AGREEMENT BY AND BETWEEN THE CITY OF ELK RIVER AND THE ELK RIVER FIRE AND AMBULANCE SERVICE FOR USE OF FIRE PERSONNEL AND FACILITIES. WHEREAS, the City of Elk River (the City) does operate and provide emergency and fire protection services by and through the Elk River Fire Department (ERFD) pursuant to Minnesota Statute and Elk River Ordinance Chapter 22; and WHEREAS, the primary source of funding for the ERFD is the City of Elk River General Revenue Fund; and WHEREAS, the Elk River Fire and Ambulance Service (Ambulance Service) is a private Minnesota non-profit corporation; and WHEREAS, the City of Elk River by and through the ERFD does provide apparatus facilities, support facilities, logistics, and personnel to the Ambulance Service; NOW, THEREFORE, it is mutually agreed as follows: 1. The City agrees to provide to the Ambulance Service apparatus facilities as provided in this Agreement at the Main Fire Station, 415 Jackson Avenue for the storage and maintenance of the ambulance and related equipment owned by the Ambulance Service. 2. The Ambulance Service agrees to indemnify and defend the City and the ERFD for any and all claims against the City and/or the ERFD arising out of this Agreement and the City and ERFD's performance of its obligations under this Agreement. 3. Each of the parties to this Agreement will maintain insurance policies covering their own equipment and personnel; e~ch will maintain public general liability insurance protecting itself against claims of third parties; each will maintain workers' compensation insurance as required by law; and the Ambulance Service will maintain insurance policies covering its obligation to indemnify the City and ERFD under paragraph 2 hereof. 4. No party to this Agreement, nor any officer or employee of any party, shall be liable to any other party or to any person on account of failure of any party to this Agreement to furoish emergency services, equipment, or personnel in response to a call for assistance. 5. No liability shall be incurred by a party to this Agreement who shall have summoned assistance from another party for damage to or destruction of the equipment of the party rendering assistance unless such damage or destruction shall be caused by negligent or malicious conduct of any officer or employee of the party requesting assistance. 6. The Ambulance Service, by permission of the City and under the direction of the Fire Chief, will construct an Addition (the Addition) to the Main Fire Station located at 415 Jackson Avenue as approved by the City Council on September 6, 2005.