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<br />6 <br />Subd. 6. Command of Scene. The Requesting Party shall be in command of all <br />situations where Public Works Assistance is provided. The personnel and equipment <br />of the Sending Party shall be under the direction and control of the Requesting Party <br />until the Sending Party withdraws Public Works Assistance or the Public Works <br />Assistance is no longer needed. <br /> <br />Subd. 7. Charges. Charges may be levied by a Sending Party for Public Works <br />Assistance rendered to a Requesting Party under the terms of this Agreement. The <br />Sending Party may submit to the Requesting Party an itemized bill for the actual cost <br />of any Public Works Assistance provided, including salaries, overtime, materials, and <br />supplies, equipment operation, and other necessary expenses. The Requesting <br />Party will reimburse the Sending Party providing the Public Works Assistance for <br />that amount or other such amount as mutually negotiated. Such charges are not <br />contingent upon the availability of federal or state government funds. A Party may <br />request a list of rates from another Party prior to requesting assistance. No charges <br />shall apply to joint training events unless the Parties participating in the particular <br />event agree to a charge in writing prior to the event. <br /> <br />V. RESPONSIBILITY AND LIABILITY <br /> <br />Subd. 1. Personnel. Each Party shall be responsible for its own personnel and <br />equipment, and for injuries or death to any such personnel or damage to any such <br />equipment. Responding personnel shall be deemed to be performing their regular <br />duties for each respective Sending Party for purposes of workers’ compensation. <br /> <br />Subd. 2. Worker’s Compensation. Each Party will maintain workers’ compensation <br />insurance or self-insurance coverage, covering its own personnel while they are <br />providing Public Works Assistance pursuant to this Agreement. Each Party, and <br />where applicable its insurer or coverage provider, waives the right to sue any other <br />Party for any worker’s compensation benefits paid to its own employee or volunteer <br />or their dependents, even if the injuries or death were caused wholly or partially by <br />the negligence of any other Party or its officers, employees, or volunteers. <br /> <br />Subd. 3. Damage to Equipment. Each Party shall be responsible for damages to or <br />loss of its own equipment. Each Party, and where applicable its insurer or coverage <br />provider, waives the right to sue any other Party for any damages to or loss of its <br />equipment, even if the damages or losses were caused wholly or partially by the <br />negligence of any other Party or its officers, employees or volunteers. <br /> <br />Subd. 4. Liability. For the purposes of the Minnesota Municipal Tort Liability Act <br />(Minnesota Statutes, Chapter 466), the employees and officers of the Sending Party <br />are deemed to be employees (as defined in Minnesota Statutes, section 466.01, <br />subdivision 6) of the Requesting Party. <br /> <br />The Requesting Party agrees to defend and indemnify the Sending Party against <br />any claims brought or actions filed against a Sending Party or any officers, <br />employees, or volunteers of a Sending Party for injury or death to any third person or <br />persons or damage to the property of third persons arising out of the performance <br />and provision of Public Works Assistance pursuant to the Agreement. Under no <br />59