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RES 18-023 AUTHORIZING JOINT POWERS AGREEMENT FOR THE RAMSEY COUNTY SPECIAL WEAPONS AND TACTICS TEAM (RC-SWAT)
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RES 18-023 AUTHORIZING JOINT POWERS AGREEMENT FOR THE RAMSEY COUNTY SPECIAL WEAPONS AND TACTICS TEAM (RC-SWAT)
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3/14/2018 10:01:00 AM
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5.2.7.3 For purposes of the Minnesota Municipal Tort Liability Act, the <br />employees and officers of the Responding Parties are deemed to be <br />employees (as defined in Minn. Stat. § 466.01, subd. 6) of the <br />Requesting Party, but only for purposes of addressing liability under <br />this Agreement. The employees of the Responding Parties shall not <br />be considered employees of the Requesting Party for any other <br />purpose. <br />5.2.7.4 Under no circumstances shall a party be required to pay on <br />behalf of itself and other Parties any amounts in excess of the limits <br />on liability established in Minn. Stat. Ch. 466 applicable to any one <br />Party. Pursuant to Minn. Stat. § 471.59, subd. 1a, the limits of liability <br />for some or all of the Parties may not be added together to determine <br />the maximum amount of liability for any Party or Requesting Party. In <br />addition to the foregoing, nothing herein shall be construed to waive <br />or limit any immunity from, or limitation on, liability available to any <br />Party, whether set forth in Minnesota Statutes, Chapter 466 or <br />otherwise. <br />5.2.7.5 Consistent with Minn. Stat. § 466.07, nothing herein shall be <br />construed to require provision of defense or indemnification to an <br />officer, employee, or volunteer of any member for any act or omission <br />for which the officer, employee, or volunteer is guilty of malfeasance in <br />office, willful neglect of duty, or bad faith. <br />5.2.8 Aid to Non -Parties. <br />5.2.8.1 Definitions and Controlling Law. A political subdivision that <br />is not a Party to this Agreement may request assistance from RC - <br />SWAT. A non-party political subdivision that requests assistance is <br />the "Requesting Political Subdivision" or 'Receiving Political <br />Subdivision" as that term is used in Minn. Stat. § 12.331. The Parties <br />that compose RC -SWAT are the "Sending Political Subdivision(s)" <br />as that term is used in Minn. Stat. § 12.331. Requests for assistance <br />by other political subdivisions are governed by Minn. Stat. § 12.331. <br />5.2.8.2 Upon a request for assistance from a political subdivision <br />that is not a Party to this Agreement, R C - S W A T may be <br />deployed to such Requesting Political Subdivision, provided that <br />the Ramsey County Sheriff or his or her designee has consented <br />to such deployment. No Party or individual member of RC -SWAT <br />shall incur any liability based upon a failure to provide assistance. <br />Upon deployment, the Requesting Political Subdivision will be in <br />control of the scene. The Team will not engage in any controlled <br />offensive action without the express authorization of the chief law <br />
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