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2000_0612_packet
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2000_0612_packet
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5/12/2014 3:19:19 PM
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12/14/2009 1:50:04 PM
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Roseville City Council
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Council Agenda/Packets
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IIL Operating Committee <br />The Cities shall establish an operating committee to implement and administer the <br />policies and services set forth in this agreement. <br />A. The operating committee shall consist of the Chief of each Fire Department or <br />their designee. <br />B. The operating committee shall implement and monitor this agreement and <br />may make adjustments to response times and response areas as may be <br />required. <br />IV. Reciprocal Defense and Indemnification <br />The Cities agree to indemnify and defend one another against claims brought or <br />actions filed against one of the participants to this Agreement or any officers, <br />employees, or volunteers thereof, for injury or death to any third person or <br />persons, or damage to the property of third persons, arising out of the <br />performance of services under this Agreement. <br />The intent of the indemnification requirement is to impose on the a limited duty to <br />defend and indemnify one another for claims arising within their respective <br />territorial limits when fire apparatus from either City responds to a mutual aid call <br />under the terms of this Agreement. <br />The duty to indemnify and defend under this Agreement shall rest with the City <br />where the incident giving rise to the duty to indemnify and defend occurs. The <br />duty to defend and indemnify under this Agreement is subj ect to the liability <br />limits under Chapter 466, Minnesota Statutes. The purpose of creating these <br />reciprocal duties to defend and indemnify is to simplify the defense of liability <br />claims by eliminating conflicts among defendants, and to permit liability claims <br />against multiple defendants from a single occurrence to be defended by a single <br />attorney. <br />Under no circumstances, however, shall either City be required to pay, on behalf <br />of itself and another participant to this Agreement any amounts in excess of <br />liability limits established in Chapter 466, Minnesota Statutes, applicable to only <br />one Party. The limits of liability for each City may not be added together to <br />increase the maximum statutory liability limits to any Parry. <br />Each City shall satisfy themselves that they have adequate insurance to cover any <br />claims brought under this Agreement and that the activities and responsibilities <br />, _ = set forth herein are covered-under the provisions of their respective insurance <br />policies. To the extent the activities are not currently covered, each City shall <br />obtain appropriate insurance coverage. <br />
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