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Health Emergency Medical Services from any and all liability which <br />may incur as a result of the negligent act or intentional misconduct <br />of any Roseville Fire Department employee providing services <br />pursuant to this Agreement; provided however, that Roseville shall <br />not be required to pay any amount in excess of the limits of liability <br />established in Minnesota Statutes Chapter 466. <br />12. Independent Contractor. In performing the medical direction oversight <br />provided for under this Agreement, Allina Health Emergency Medical <br />Services is acting as an independent contractor, not as an employee or <br />agent of The City of Roseville, and nothing contained herein shall be <br />construed to constitute Allina Health Emergency Medical Services and <br />Roseville as partners. <br />13. Governing Law. This Agreement shall be governed by and construed in <br />accordance with the laws of the State of Minnesota. <br />14. Statutory Limitation. Nothing contained herein shall constitute a waiver of <br />any defense or limitation on liability provided by Minnesota Statutes <br />Chapter 466, or other applicable state or federal law. No person shall be <br />considered as a third party beneficiary of this Agreement. <br />15. Monthly Pre-Course Preparation & Coordination for refresher training In <br />the event that Roseville requests, and Allina Health Emergency Medical <br />Services provides, services in excess of the hours specified in Exhibit A, <br />Roseville agrees to pay Allina Health Emergency Medical Services, in <br />addition to the Basic Fee, a per hour fee for such additional hours at the <br />hourly rate set forth in Exhibit A.The quality of all training materials and <br />instruction will meet or exceed professional standards for EMS training. <br />AHEMS will deliver all of the training materials for each training session <br />two weeks prior to the start of each subject matter. <br />Within thirty (30) days of the last training session, Roseville will return <br />course evaluations and course rosters to AHEMS. These will be held on <br />file in accordance with EMSRB rules. <br />16. Advanced Skill Training. In the event that Roseville requests and Allina <br />Health Emergency Medical Direction approves additional advanced variances <br />outside of what is listed in Exhibit A, the training for the variance will provided <br />to the DOT certified advanced EMS instructors from the Roseville Fire <br />Department. After successful completion of the training, the advanced <br />instructors will then be approved to instruct the balance of the department <br />members on the specified variance. <br />4 <br />