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<br />AGREEMENT BY AND BETWEEN <br />THE CITY OF ELK RIVER <br />AND THE ELK RIVER FIRE AND AMBULANCE SERVICE <br />FOR USE OF FIRE PERSONNEL AND FACILITIES. <br /> <br />WHEREAS, the City of Elk River (the City) does operate and provide emergency and fire <br />protection services by and through the Elk River Fire Department (ERFD) pursuant to Minnesota <br />Statute and Elk River Ordinance Chapter 22; and <br /> <br />WHEREAS, the primary source of funding for the ERFD is the City of Elk River General Revenue <br />Fund; and <br /> <br />WHEREAS, the Elk River Fire and Ambulance Service (Ambulance Service) is a private Minnesota <br />non-profit corporation; and <br /> <br />WHEREAS, the City of Elk River by and through the ERFD does provide apparatus facilities, <br />support facilities, logistics, and personnel to the Ambulance Service; <br /> <br />NOW, THEREFORE, it is mutually agreed as follows: <br /> <br />1. The City agrees to provide to the Ambulance Service apparatus facilities at the Main Fire <br />Station, 415 Jackson Avenue for the storage and maintenance of the ambulance and related <br />equipment owned by the Ambulance Service. <br /> <br />2. The Ambulance Service agrees to indemnify and defend the City and the ERFD for any and <br />all claims arising out of this Agreement and the execution of its functions. <br /> <br />3. Each of the parties to this Agreement will maintain insurance policies covering their own <br />equipment and personnel while engaged in furnishing assistance to others; each will maintain <br />public general liability insurance protecting itself against claims of third parties; and each will <br />maintain workers' compensation insurance as required by law. <br /> <br />4. No party to this Agreement nor any officer or employee of any party shall be liable to any <br />other party or to any person on account of failure of any party to this Agreement to furnish <br />emergency services, equipment, or personnel in response to a call for assistance. <br /> <br />5. No liability shall be incurred by a party who shall have summoned assistance for damage to <br />or destruction of equipment of a party rendering assistance unless such damage or <br />destruction shall be caused by negligent or malicious conduct of any officer or employee of <br />the parties. <br /> <br />6. The Ambulance Service, by permission of the City, will expand the building of the Main Fire <br />Station located at 415 Jackson Avenue. <br /> <br />7. The purpose of this expansion will be for the ambulance bay, offices, bathrooms, <br />equipment, and storage. <br />