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November 23, 2005 <br />VIA FACSIMILE & E -MAIL <br />Mr. Joel R. Hanson <br />City Administrator <br />City of Little Canada <br />5 1 5 Little Canada Road <br />Little Canada, MN 55117 <br />Re: Joint Powers Agreement (GIS USERS GROUP) <br />Our File No. 10771 <br />Dear Joel: <br />As we discussed, the League of Minnesota Cities Insurance Trust has recommended that <br />future Joint Powers Agreements contain additional language relative to indemnification <br />obligations because of the holding of the Eighth Circuit Court of Appeals in Reimer v. City of <br />Crookston. In that case the Court held that in some joint powers situations a political subdivision <br />can be held vicariously liable for the actions of another political subdivision. The Court also <br />held that in these situations a claimant can stack the statutory tort limits of the participating <br />political subdivisions. <br />We agree with the recommendations of the attorneys for the League of Minnesota Cities <br />Insurance Trust to add the following language in Article XV of the proposed Joint Powers <br />Agreement for the GIS Users Group as follows: <br />1. Add the following language after the word "Affiliates," at the beginning of the <br />third line of Section 1.: "for injury to, death of, or damage to the property of any third person or <br />persons," before the please "arising out of any act... ". <br />2. Add Section 3. to Article XV, as follows: <br />"Under no circumstances, however, shall a Member or Paying Affiliate be <br />required to pay on behalf of itself and other Members or Paying Affiliates, <br />any amounts in excess of the limits on liability established in Minnesota <br />Statutes Chapter 466 applicable to any one Member or Paying Affiliate. <br />The limits of liability for some or all of the Members or Paying Affiliates <br />4 <br />