Agenda - Council - 12/12/2023 - Laserfiche WebLink

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i t 3 I I I j 5.2.5 Workers' Compensation. Each Party to this Agreement shall be responsible for injuries to or death of its own employees in connection with services provided pursuant to this Agreement. Each Party shall maintain workers' compensation coverage or a program of self-insurance, covering its own personnel while they are providing assistance as a member of the ACSO-SWAT. 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 an other Part or its officers, employees, or agents, v v S 5.2.5 Damage to Equipment. Each Party shall be responsible for damage to any of.its own equipment occurring during deployment of the ACSO-SWAT. Each Party waives the right to sue any other Party far any damages to or loss of its equipment, even if the E damages or losses were caused wholly or partially by the negligence of any other Party or its officers employees, or agents. 1 i 5.2.7 Indemnification and Hold Harmless ' f 5.2.7.1 Applicability. The SWAT shall be considered a separate and distinct public entity to which the Parties have transferred all p v responsibility and control for actions taken pursuant to this 1 Agreement. The SWAT shall comply with all laws and rules that f - govern a public entity in the State of Minnesota and shall be entitled g p v to the protections of M.S. 456, 1 5.2.7.2 Indemnification and Hold Harmless. The SWAT shall fully defend, indemnify and hold harmless the Parties against all claims, losses, liability, suits, judgments, costs and expenses by reason of the action or inaction of the SWAT. This Agreement to indemnify and hold t harmless does not constitute a waiver by any participant of limitations on liability provided under Minnesota Statutes, Section 455.04. y i i To the full extent permitted by law, actions by the Parties pursuant to Y 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 _-=--_- -- --------- --- - --- - - ee e--- -----------b -dmea "single-g p p d-- "si le overnmental-unit--for-the-- ur ose-of-liabilit as-- i - - - - v-- , - set forth in Minnesota statutes., Section 471.59, subd. 1 a(a); provided { further that for of that statute, each Party to this Agreement purposes expressly declines responsibility for the acts or omissions of the other Parties except as provided herein. 5.2.7.3 Insurance. The SWAT shall obtain liability insurance in an amount not less than the municipal tort caps set forth by Minnesota Statutes, section 456.04 subd.1, as amended to defend and indemnify SWAT and its members and each member's officers,