06-28-2012 Council Agenda - Laserfiche WebLink

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Risk provisions for service contracts. • Service provider indemnifies service purchaser. Use the "limited fo l n" indemnification to avoid creating an uninsured liability; i.e., provider's indemnification responsibility is limited to the amount of its coverage. • Service provider carries liability insurance. • Service purchaser is named as an additional insured. Risk provisions for mutual aid agreements. • Spell out procedures for requesting assistance. o Who can make the request? o To whom is the request addressed? o Responder's discretion to respond. • Clarify that the requesting party is in charge, and that the assisting party acts under the requesting party's direction and control. • Requesting party indemnifies the assisting party. Use the "limited t'orm" indemnification provision to avoid creating an uninsured liability. • Address work comp and equipment damage. o Each party is responsible for work comp benefits for its own employees and for damage to its own equipment, even if arguably caused by the other party's negligence. o Each party waives subrogation against the other. Risk provisions for shared resource agreements. • Clarify the parties' respective responsibilities. Who's responsible for o Maintenance of the facility o Supervision of activities in the facility o Security • Mutual indemnification provisions. Each party indemnifies the other for claims arising from the first party's responsibilities. Use the "limited form" indemnification approach. 4. Other resources for joint powers activities. If you're working on or considering an intergovernmental cooperative arrangement, give us a call at LMCIT. We'll be glad to review and comment on drafts, provide sample or model language for agreements, and help in any way we can. Here are some other resources: LMCIT memos • Liability Coverage for Joint Powers Agreements • Risk Allocation and Coverage Issues for Joint Powers and Mutual Aid Agreements • Combining Governmental Services • Ten Things to Watch For When Entering Into Joint Powers Agreements State Auditor's Best Practices Report — "Cooperative Efforts in Public Service Delivery" PST - 6/06 -18-