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9.0 Independent Contractor. Fire Department members shall not be considered <br />employees of City and shall not be entitled to any of the benefits usually accruing to <br />regular City employees, including, but not limited to, severance pay, health and welfare <br />insurance benefits, retirement credit, workers compensation coverage, or other benefits <br />normally considered to be employee fringe benefits. Fire Department shall not be <br />subject to any existing civil service regulations, protections or benefits and hereby <br />expressly waives all rights to benefits accorded present employees of the City and <br />hereby acknowledges that it is entitled to make no claims against City except as <br />provided herein. This Contract does not create the relationship of principal and agent; <br />partnership; joint venture; or of any association between City and Fire Department other <br />than that of independent contractors. <br />10.0 Insurance. Unless otherwise provided herein, Fire Department shall purchase <br />insurance of the types listed below and such other coverages as it may deem advisable; <br />A. Worker's Compensation — statutory limits. <br />B. Comprehensive Liability - $2,000,000.00 single limit. <br />C. Vehicle Coverage (comprehensive and collision) for all vehicles and trucks used by <br />the Fire Department in providing fire protection and fire prevention services to the <br />City and to the Cities of Arden Hills and North Oaks. <br />D. Building and Equipment Coverage (replacement value) for all buildings and <br />equipment owned or used by the Fire Department in providing fire protection and fire <br />prevention services to the City and to the Cities of Arden Hills and North Oaks. <br />All insurance policies purchased by Fire Department shall include City as an additional <br />insured and shall contain a cancellation clause requiring thirty (30) days written notice to be <br />mailed to City prior to such date of cancellation. <br />Fire Department shall provide City with a certificate of insurance indicating that the <br />required types and amounts of insurance are in force. Liability insurance must apply to <br />vehicles owned, leased or utilized by Fire Department. <br />11.0 Indemnification. Fire Department agrees to defend and indemnify City against <br />any claims brought or actions filed against City or any officer, employee, or volunteer of <br />City for injury to, death of, or damage to the property of any third person or persons, <br />arising from Fire Department's performance under this contract for services. Under no <br />circumstances, however, shall Fire Department be required to pay on behalf of itself <br />and City, any amounts in excess of the limits on liability established in Minnesota <br />Statutes, Chapter 466 applicable to any one party. The limits of liability for Fire <br />Department and City may not be added together to determine the maximum amount of <br />liability for City. The intent of this subdivision is to impose on Fire Department a limited <br />duty to defend and indemnify City for claims arising out of the performance of this <br />contract subject to the limits of liability under Minnesota Statutes, Chapter 466. The <br />purpose of creating this duty to defend and indemnify is to simplify the defense of <br />claims by eliminating conflicts between the parties and to permit liability claims against <br />both parties from a single occurrence to be defended by a single attorney. <br />5 <br />