2006 07-26 CC PACKET - Laserfiche WebLink

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1. For the third Year of the Initial Service Term, an average of the following will be used to determine the City's share: i. The City's initial share of Dispatch Operating Costs in the first Year as identified in section 6.02.a; and ii. The City's initial share of Dispatch Operating Costs in 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 Term, an average of the following will be used to determine the City's share: i. The City's initial share of Dispatch Operating Costs in the second Year as identified in section 6.02.a; and ii. The City's percentage share of Calls for Service in the first Year; and iii. The City's percentage share of Calls for Service in the second 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 give the City notice no later than 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 payment to the County monthly in an amount equal to 1 /12 ofthe amount due and payable to Ramsey County 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 be due by the end of the month._ 6.03 911 Fees Commencing with the first full month of the Initial Service Term, the County shall credit forty (40) percent of any 911 fees received by the County to the payments due to the County by the Members for forty (40) percent of the Dispatch Operating Costs for the Year the 911 fees are received, and shall credit sixty (60) percent of any 911 fees received by the County to reduce the County'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 1 Nothing herein shall preclude either party from applying for and receiving federal or state, or funds from other 1 public and private sources, for the capital, equipment and/or operating costs of the Dispatch Center. Article VII. General Terms 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 and Insurance a. Each party agrees that it will be responsible for its own acts and the acts of its employees, elected officials, and agents as they relate to this Agreement and for any liability resulting therefrom, to the extent authorized by law, and shall not be responsible for the acts of the other party or its employees, elected officials, and agents, or for any liability resulting therefrom. Each party's liability shall be governed and limited by the Municipal Tort Claims Act, Minn. Stat. Chapter 466 and other applicable law. b. Consistent with the provisions of Section 7.02 a., each party agrees to defend, indemnify and hold harmless the other party, its employees, elected officials, and agents from any liability, claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable attorneys fees, resulting directly or indirectly from any act or omission of the indemnifying party, its employees, elected officials, or agents, in the performance or failure to perform its obligations under this Agreement. c. Each party warrants that it is able to comply with the aforementioned indemnity requirements through commercial insurance or a self -funding program. d. The County agrees to maintain property insurance coverage throughout the term of this Agreement on the Dispatch Center facility and all of the County equipment within the Dispatch Center. 7.03 Non -Assignability Neither party shall assign any interest in this Agreement nor transfer any interest in the same, whether by subcontract, assignment or novation.