11-28-2016 Council Packet - Laserfiche WebLink

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5. Orono Not Responsible for Expenses. All expenses of maintaining Wayzata's equipment, apparatus, salaries, insurance premium and any and all other items of expenses connected with the services to be performed by Wayzata under this agreement shall be at the sole expense of Wayzata, and the sole amounts payable from Orono to Wayzata shall be the amount specified above in paragraph 3. 6. Nature of Wayzata's Undertaking. Without limiting the generality of the foregoing, the Fire Chief of Wayzata or his deputy will have the sole discretion as to the firefighters and equipment that will answer each alarm, provided that protection will be reasonable considering available firefighters and equipment, as outlined in paragraph 4. Wayzata will exercise reasonable judgment in whether it is unable to respond or to respond promptly or to respond with only limited firefighters and equipment, or is delayed in responding to a call by reason of answering a previous call. 7. Extension. This agreement may be extended for successive terms of one year upon the mutual written assent of both parties entered into prior to the expiration of the then current term. 8. Insurance. Wayzata agrees to maintain liability insurance for its services and shall include Orono as an additional insured for the term of this contract and any extensions thereof. Wayzata shall maintain insurance equal to or greater than the maximum liability applicable to municipalities as set forth in Minnesota Statutes, Section 466.04, subd.1. Wayzata shall also maintain workers' compensation coverage as required by law. Proof of insurance shall be provided in the Appendix to this agreement 9. Indemnification. Wayzata agrees to defend and indemnify Orono against any claims brought or actions filed against Orono or any officer, employee, or volunteer of Orono for injury to, death of, or damage to the property of any third person or persons, arising from Wayzata's performance under this contract for services. Under no circumstances shall Wayzata be required to pay on behalf of itself and Orono, any amounts in excess of the limits on liability established in Minnesota Statutes, chapter 466 applicable to any one party. The limits of liability for Orono and Wayzata may not be added together to determine the maximum amount of liability for Wayzata. 10. Agents and Employees. No voluntary fire fighter, agent, employee or official of Wayzata shall at any time or in any manner be deemed to be a voluntary fire fighter, agent, employee or official of Orono by reason of the performance of work or the providing of services for or on behalf of, or within the territorial limits of, the City of Orono. 11. Assignment. This Agreement may not be assigned by either party hereto without the other's prior written consent.