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I . For the third Year,of the Initial Service 'Perri, an average of the following will:be used to determine the Clty's-Agre: i. The City's initial shatv*of Dispatch Operating. Costs .in.the first -Year as identified in section 6:02:a and. if. The City's initial share of Dispatch Operating Costs an the -second Year as identified in. section 6.02.a; and iii. The City's percentage share of Calls for Service in the first Year. 2. For the fourth Year of the Initial: Service Terri, an average of the following will be used to determine the City's share. i. The -City's initial share: of Dispatch Operating Costsin the second Year as identified in section 6.02:a; and ii. The City's percentage share of Calls fof'*Service :in the first Year. and .iii. The City's. percentage share of Calls for:Service in the.seeond Year. 3, For the' fifth Year and for each Year thereafter; the City's share will be the average of the City's Calls. for Services over the most recent three Years for which Total Calls for Service data is available: 4. The County will gibe the City notice no later titan the first day of June each Year of the amount due and payable.to Ramsey County as the City's annual share of the Dispatch Operating Costs for the following Year, 5,. The City shall make paymenttothe County monthly in an amountequal to 1/12 ofthe amountdue and payable to Rainsey-Cottrity for the Year, on the tenth day of each month of the Year, except for the payment for the first month of the Year, which shall bedue by the end of the inonth.. 6,03 911 Fees Corritneticing with the first fi l I month of the initial Service Term. the County shall credit forty (4Q) percent of any 911 fees received by the .County to the payments dudto the County by the Members for forty (40) percent of the Dispatch'Operating Costs for the Year the 9 f I fees are received, and shall credit sixty (60.) percent .of any 91.1 fees received by the .County toreduce the Couttty's property tax levy for the sixty'(60) percent of the Dispatch Operating. Costs to be paid through a county -wide property tax levy, 6.04. Other Funds Nothing Herein shall preclude.either party from applying for and receiving federai or state; or funds from other :public and private sources, for the capital, equipment and/or gperating costs of the. Dispatch Center. Article VII. General Terris and Conditions 7.01 Termination a; Except 'As otherwise provided herein; this Agreement may not. be terminated during the initial Term. Thereafter; either party may terminate. this Agreement. at the end. of.a; calendar year by action. of its governing- body and upon a minimum of twelve (12) months written notice to the other party, 7.02 Indemnification and1risurance: a.. Each party agrees that it will be responsible for its own acts and the acts of its employees, e.iected of .facials; and agents.as they relate to this Agreement and for. any liability resulting therefrom; to the extent.autlioriied by law, and shall not be responsible for the acts of the other patty or its. employees; elected oticialS, and agents, or for any liability resultingtherefrom. Each party's liability shall be governed and limited bythe Municipal Tort Claims Act, Minn. Stat. Chapter 466-and*other applicable law. b. Consistent with.tbe provisions of Section 7,02:a., each party agrees to defend, indemnify addhold harmless flit other party, its employees, elected oflic.als; and. agents from any liability, claims, .causes of action;. judgments. damages, losses, costs or expenses, including reasonable attorneys fees,. resulting directly or indirectly front any act ofomission of the indemnifying party, its -.employees, electodofficials, or.agents, in the performance or f'itilure to perform its obligations under this Agreeniont.. c, Each party warrants that it is able to comply with the. aforementioned -indemnity requirttiaents through commercial insurance or a self -funding program. d. The County agrees -to maintain property insurance-coveKage throughoutthgterm,bFthi's Agt .errient.on the Dispatch Center facility and all of the. -County equipment within the:Dispatah<Cenrer.. 7.03 Non -Assignability Neither party shall assign any interest in this Agreement nor transfer any interest in the same,.whetbcr by Subcontract, assignment or novation.