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JOINT POWERS AGREEMENT <br /> <br />CITY OF FALCON HEIGHTS CITY OF LITTLE CANADA <br /> <br /> <br /> 5 <br />allocation of costs. The final allocation of costs shall be based <br />upon a proration of hours of use by each city, including travel time, <br />as documented by the sweeper’s hour meter. These costs will be <br />prorated between the cities based on hours of use including travel <br />time. In consideration of Little Canada’s advancing of the <br />majority of costs for operation and maintenance, Falcon Heights <br />shall be responsible for travel from and to Little Canada when they <br />utilize the sweeper. Both cities pledge their cooperation to <br />resolving any logistical issues associated with this provision and <br />will endeavor to manage expenses in a cost effective manner. <br /> <br />D. INDEMNIFICATION & HOLD HARMLESS <br />Falcon Heights agrees to defend, indemnify, and hold harmless Little Canada <br />against any and all claims, liability, loss, damage, or expense arising under the <br />provisions of this Agreement and caused by or resulting from negligent acts or <br />omissions of Falcon Heights and Falcon Heights’ employees or agents. Little <br />Canada agrees to defend, indemnify, and hold harmless Falcon Heights against <br />any and all claims, liability, loss, damage, or expense arising under the provisions <br />of this Agreement for which Little Canada is responsible and Little Canada’s <br />employees or agents. All parties to this agreement recognize that liability for any <br />claims arising under this agreement are subject to the provisions of the Minnesota <br />Municipal Tort Claims Law; Minnesota Statutes, Chapter 466. In the event of <br />any claims or actions filed against either party, nothing in this agreement shall be <br />construed to allow a claimant to obtain separate judgments or separate liability <br />caps from the individual parties. <br /> <br />E. WAIVER. <br />Any and all persons engaged in the work to be performed by Falcon Heights shall <br />not be considered employees of Little Canada for any purpose, including <br />Worker’s Compensation, or any and all claims that may or might arise out of said