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previous year's fair market value of all property in Lauderdale, times a standard multiplier of .00009723. • b. Charges for service will be based upon a charge for each truck according to the call time as outlined in the Appendix A. The fee shall be based on the budgeted costs for operating the fire department. Falcon Heights shall provide Lauderdale with a preliminary estimated cost by September 1st and a final estimated cost which is no more than 3% greater than the preliminary cost, by September 1st of each year. c. A fee for fire prevention services based upon the fire inspector's hourly rate and mileage and an estimated number of hours of fire prevention inspection activities and associated work will be calculated for the coming year. Any fire prevention services provided that exceed the number of estimated hours will be charged on an "as needed" basis and be pro-rated using the fire inspector's hourly rate and mileage. d. It shall be the responsibility of Lauderdale to recover or pay for any HAZMAT costs incurred in Lauderdale. e. Lauderdale shall make payment to Falcon Heights based on the rates and charges established by Falcon Heights for each calendar year. Falcon Heights shall bill Lauderdale monthly for services received. The bill shall be submitted within thirty days after the end of the month. Lauderdale shall pay on a monthly basis on or before the 1 S` day of each month. • £ The City of Lauderdale shall pay a capital share for fire truck replacement of Truck 752 and 753 commencing in 2006 and continuing through 2011, of $816.65 per year, as outlined in Appendix B. 3. Effective Date and Term. This agreement shall apply to services rendered and shall continue in force until modified or terminated by agreement of the parties or until termination by either party. The agreement may be severed by either party by notifying the other party's city administrator with a written notice of termination on or before July 15 of the calendar year of the party's intent to terminate the contract no earlier than midnight, December 31 of that same calendar year or after December 31 of that calendar year as identified in the notification of termination. 4. Liability. Falcon Heights shall not be liable to Lauderdale or any other person or party for loss or damage of any kind whatever resulting from any failure to prevent, control or extinguish any fire, or prevent any personal injury, unless such loss or damage or injury is caused by the gross negligence of Falcon Heights. 5. State Aid. Pursuant to the authority granted in MSA Section 69.011, et. seq. and in particular MSA Section 69.021, Subd. 7, Falcon Heights shall, for the purposes of calculating fire state aid, be entitled to include the population and net tax capacity of Lauderdale in the area for which it furnishes fire protection service and two duly executed copies of this contract shall be filed by Falcon Heights with the Minnesota Commissioner of Revenue, who will in turn, forward one copy of the contract to the Ramsey County Auditor. 29 ~CHG02:40069922.v1 ~9/28/OS 11:33 AM