2.4 ERMUSR 05-09-2017 Elk River
Municipal Utilities UTILITIES COMMISSION MEETING
TO: FROM:
ERMU Commission Eric Volk—Water Superintendent
MEETING DATE: AGENDA ITEM NUMBER:
May 9, 2017 2.4
SUBJECT:
Hold Harmless Agreement—City of Elk River
ACTION REQUESTED:
Approve the Hold Harmless Agreement between the Elk River Municipal Utilities and the City
of Elk River.
BACKGROUND:
The Elk River Fire Department (ERFD) and Elk River Police Department(ERPD) have
requested from ERMU to be allowed to train at 1437 Main Street until the house is burned down
and demolished on June 24, 2017.
DISCUSSION:
The city and the utility have different insurance policies. In order for the ERFD and the ERPD to
train at 1437 Main Street, there needs to be an insurance waiver in place. The waiver will free
ERMU from any incidents that may occur while the ERFD and the ERPD are training at that
location.
ATTACHMENTS:
• Hold Harmless Agreement—City of Elk River
Page 1 of 1
AGREEMENT 2017-07
Hold Harmless Agreement between Elk River Municipal Utilities and the City of Elk River
This Agreement(the"Agreement") is made between the City of Elk River,Minnesota(the"City")and
Elk River Municipal Utilities(the"Utilities"), (collectively,the"Parties").
1. The City, acting through its police and fire department, seeks permission to use the real property
located at 1437 Main Street, Elk River, MN (the "Property") for training its police officers and
firefighters (the Training Exercises)on or about May 1 —June 24,2017.
2. The Property is owned by the Utilities. The Utilities hereby authorize the City to use the Property
for the Training Exercises at no charge.
3. The Utilities make no warranties as to the condition of the Property. The City agrees to use the
Property"as is"and assumes all risks, both known and unknown,related to its use of the Property
for the training exercises.
4. The City agrees to maintain liability coverage with the League of Minnesota Cities Insurance
Trust at all times during the Training Exercises.
5. In consideration of being allowed to use the Property,the City agrees to defend and indemnify the
Utilities for all claims arising against the Utilities related to the City's use of the Property for the
Training Exercises.
6. The City agrees to waive all claims against the Utilities for damage to City property or injury to
City employees that occur during the Training Exercises.
7. The City shall not be responsible for any physical damage to the Property and its contents that
occur during the Training Exercises and the Utilities waive any claim against the City for damage
to the Property.
IN WITNESS WHEREOF,the Parties caused this Agreement to be approved on the dates below.
The City Counc' •f E • River,Minnesota duly approved this Agreement on the 1 S`day of May,2017.
By:
)%fil
+r
And: �-
Its City Clerk
Approved by the Elk River Municipal Utilities on
By:
Its Chair
And: (U--
Its Secretary
Dated: