RES 16-024 AUTHORIZING AMENDED JOINT POWERS AGREEMENT FOR THE EAST METRO SWAT TEAM

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5.06 Workers' Compensation Each party to this agreement shall be responsible for injuries to or death of its own employees in conjunction with services provided pursuant to this agreement. Each party shall maintain workers' compensation coverage or self - insurance coverage, covering its own personnel while they are providing assistance as a member of EMS. Each party to this agreement waives the right to sue any other party for any workers' compensation benefits paid to its own employee or their dependents, even if the injuries were caused wholly or partially by the negligence of any other party or its officers, employees or agents. 5.07 Damaee to Equipment Each party shall be responsible for damage to or loss of its own equipment occurring during deployment of EMS. Each party waives the right to sue any other party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other party or its officers, employees or agents. Any equipment purchased or acquired by EMS shall be maintained and accounted for by the EMS Board and fiscal agent designated under section 4.03. Surplus property may be disposed of only under procedures authorized by law and distribution of property upon termination of this agreement shall be as provided for by Minn. Star. §471.59, Subd. 5. 5.08 Indemnification East Metro Swat shall defend and indemnify the parties, and their officers, employees, and volunteers, from and against all claims, damages, losses, and expenses, including attorney fees, arising out the acts or omissions of any person acting on behalf of the governing board in carrying out the terms of this agreement. This agreement does not constitute a waiver on the limitations of liability set forth in Minn. Stat. §466.04 or Minn. Stat. §3.736. Nothing herein shall be construed to provide insurance coverage or indemnification to an officer, employee, or volunteer of any member for any act or omission for which the officer, employee, or volunteer is guilty of malfeasance in office, willful neglect of duty, or bad faith. To the fullest extent permitted by law, action by the parties to this agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit" for the purposes of liability, as set forth in Minn. Stat., § 471.59, subd. la (a), provide further that for purposes of that statute, each party to this agreement expressly declines responsibility for the acts or omissions of another party. The parties to this agreement are not liable for the acts or omissions of another party to this agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other parties. When a party to this agreement loans an automobile to East Metro Swat, East Metro Swat's automobile liability coverage shall be primary when East Metro Swat is in possession of the automobile. East Metro Swat agrees to defend and indemnify the owner of the automobile and any other parties to this agreement for any liability claims related to the use of the automobile, subject to the limitations in Section 3.08 of this Agreement. 5.09 Term This agreement will be in force for a period of three years from the date of execution.