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Agenda - Public Works Committee - 05/21/2019
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Agenda - Public Works Committee - 05/21/2019
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Agenda
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Public Works Committee
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05/21/2019
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city receiving the assistance (and that city’s liability carrier) to defend and indemnify the <br />sending city’s employee if that employee were sued for activities while providing the <br />assistance. This provision eliminates much of the potential for conflicts between the two cities <br />if both were sued in a tort claim arising from the emergency assistance. <br />Equipment. Damage to the sending city’s equipment is the sending city’s own responsibility. <br />12.331 also provides the city receiving assistance must reimburse the city sending assistance for <br />the compensation of the sending city’s employees, for those employees’ travel and maintenance <br />expenses, and for any supplies used. <br />Keep in mind these statutory provisions only apply if there’s not a written agreement between the <br />two cities to address these points. If the sending and receiving cities prefer to handle any of these <br />considerations differently, they can simply develop and sign a written agreement with terms more <br />suitable to their needs. <br />How does LMCIT coverage work when one Minnesota city provides emergency <br />assistance to another under 12.331? <br />We’ll have to simplify some detailed coverage provisions, but the general way things work follow. <br />Injuries to the sending city’s employees while assigned to provide emergency assistance in <br />another city will be covered under the sending city’s LMCIT workers’ compensation coverage. <br />This is because employees responding to another city’s emergency are doing so at the direction <br />of their employer, the sending city. <br />Employees who “self deploy” to an emergency in <br />another city may not be afforded this same protection – <br />Learn More <br />a point cities should specifically call out to those groups <br />wĻğķƒƚƩĻğĬƚǒƷ\[a/LĭƚǝĻƩğŭĻƭźƓʹ <br />of employees who are most often asked to assist <br />somewhere else (i.e. firefighters, police officers, and <br />ThingstoThinkAboutWhen <br />emergency medical responders). The message is simple <br />RenewingYour/źƷǤƭ <br />– deciding on your own to respond in another <br />Property/CasualtyCoverage <br />community’s emergency is never a good idea. Doing so <br />ThingstoThinkAboutWhen <br />can be dangerous for you, can create liability problems <br />RenewingYour/źƷǤƭƚƩƉĻƩƭ <br />for both cities involved, and often leads to disruptive <br />CompensationCoverage <br />confusion in situations that are already chaotic. <br />ŷĻǤƩĻğǝğźƌğĬƌĻğƷǞǞǞ͵ƌƒĭ͵ƚƩŭ͵ <br />Damage to any vehicles or equipment from the sending <br />city will be covered by the sending city’s LMCIT <br />property or auto physical damage coverage, just as if the equipment were being used for any <br />other city purpose. <br />2 <br /> <br />
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