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6 <br />488772v2 MA745-3MA745-3-488772.v3 <br />Coordinator shall be entitled to reimbursement offor the Coordinator’s wages, benefits and other <br />payroll related expenses under guidelines established by the Board. The Coordinator shall be <br />responsible for the day to day operation and maintenance of the Facility and other responsibilities <br />as assigned by the Board. The Coordinator shall be responsible for managing rental agreements <br />from any non-Member public safety agencyNon-Member Users which desires to utilize the <br />Facility for training purposes. <br /> <br />Section 78. Major Improvements. <br /> <br />If recommended by the Operations Committee and approved by the Board in advance and <br />ratified by the governing body of each of the Members, the costs of all major capital additions and <br />improvements to the Facility shall be assessed against each Member based upon the Cost Sharing <br />Formula. Where a Major Improvement is only related to one public safety vocation (police or <br />fire), the costs shall only be allocated against the participating Members for that vocation. <br /> <br />Section 89. Liability and Insurance. <br /> <br />The East Metro Public Safety Training Facility Association is a separate and distinct public <br />entity to which the parties have transferred all responsibility and control for actions taken pursuant <br />to this Agreement. The East Metro Public Safety Training Facility Association shall defend and <br />indemnify the parties, and their officers, employees, and volunteers, from and against all claims, <br />damages, losses, and expenses, including attorney fees, arising out the acts or omissions of the <br />Joint Powers Board in carrying out the terms of this Agreement. <br /> <br />This Agreement does not constitute a waiver on the limitations of liability set forth in <br />Minnesota Statutes, Section 466.04. <br /> <br />Nothing herein shall be construed to provide insurance coverage or indemnification to an <br />officer, employee, or volunteer of any member for any act or omission for which the officer, <br />employee, or volunteer is guilty of malfeasance in office, willful neglect of duty, or bad faith. <br /> <br />To the fullest extent permitted by law, action by the parties to this Agreement are intended <br />to be and shall be construed as a “cooperative activity” and it is the intent of the parties that they <br />shall be deemed a “single governmental unit” for the purposes of liability, as set forth in Minnesota <br />Statutes, Section 471.59, subd. la(a), provide further that for purposes of that statute, each party to <br />this Agreement expressly declines responsibility for the acts or omissions of another party. <br /> <br />The parties to this Agreement are not liable for the acts or omissions of another party to <br />this Agreement except to the extent they have agreed in writing to be responsible for the acts or <br />omissions of the other parties. <br /> <br />Any excess or uninsured liability shall be borne equally by all the membersMembers, but <br />this does not include the liability of any individual officer, employee, or volunteer which arises <br />from his or her own malfeasance, willful neglect of duty, or bad faith. <br />