11-10-1997 Council Packet - Laserfiche WebLink

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19. the same formula set forth above. If a Contract City is not still participating m this agreement at the time the credit or debit amount is determined as set forth a ove, e Contract City shall receive from (in the case of a credit) or shall m^e to (in the ° ^ debit) the City of Orono a cash payment in the amount of such credit or debit, one- a on the date that the third quarter estimated police service cost payment would be ue i s agreement was still in force and one-half on the date that the fourth quarter estimated police service cost payment would be due if this agreement was still in force. HnlH and Indemnification. As part of the Police Budget for each contract year the City of Orono shall purchase liability insurance to insure the City of Orono against liability incurred in the rendering of law enforcement services to the Contract Cities. The City ot Orono shall maintain insurance covering its police services with limits of not less than $600,000 for general liability coverage and $2 million for excess liability covera^. However, the amount and extent of insurance coverage may not be sufficient to unsure e City of Orono and the Contract Cities completely and to pay all expenses incurred by the City of Orono. including attorneys’ fees and judgements rendered against the City of Orono and/or the Contract Cities. Therefore, the City of Orono exposes itself to potenti y underinsured and noninsured liabilities. Notwithstanding any language to the contrary herein, the Contract Cities agree that the City of Orono is faced with such an exposure and therefore the Contract Cities agree to hold harmless and indemnify the City of Orono, its employees and agents for any loss or damage of any kind whatsoever caused by the rendering of law enforcement services in the Contract Cities to the extent that the loss or damage and all expenses related thereto are not covered by the insurance policies of the City of Orono in effect during the contract year in which the act or alleged act giving rise to any claim for loss or damages occurred. In no event shall this agreement be construed to f.x upon City of Orono any responsibility or liability to the Contract Cities or to third parties which are greater or different in land then the responsibilities and liabilities borne by the Contract Cities if they were providmg law enforcement services through their own police department. Without limiting the generality of the foregoing, the police chief of the City of Orono or his designee will have the sole discretion as to the officer and equipment that will answer police calls, and it shall not be a violation of this agreement nor shall the City of Orono be held responsible to the Contract Cities or to a third party for any loss which may result in the event that the City of Orono. in the exercise ofreasonablejudgment, is unable to respond promptly or to respori wi o y limited officers and equipment, or is delayed in responding to a call by reason a previous call. The Contract Cities agree that they will hold hamiless and indemmfy the City of Orono for any judgement rendered against it or sums paid out by it in sett emen , payment or defense of any such claims, to the extent the City of Orono is uninsured or underinsured arising out of any calls for police services to be rendered m the Contract Cities under the policies of insurance the City of Orono is required to maintain as set forth above. Page 9