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Agenda - Council - 12/12/2023
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Agenda - Council - 12/12/2023
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3/13/2025 11:32:24 AM
Creation date
12/18/2023 11:38:57 AM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
12/12/2023
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I <br /> 1 <br /> 3 <br /> i <br /> 1 <br /> 3 <br /> { <br /> t <br /> 1 <br /> employees, and volunteers for actions arising out of this agreement. <br /> The SWAT team may in its discretion procure coverage for auto j <br /> liability and damage to or loss ofproperty. Nothin herein shall be <br />� Y g g � <br /> construed to provide insurance coverage or indemnification to an <br /> officer, employee, or volunteer of any Party for any act or omission for <br /> which the officer employee, or volunteer is guilty of malfeasance in <br /> g Y <br /> officer, willful neglect of duty, or bad faith. <br /> f <br /> i <br /> i <br /> 5.2.7.4 The Parties of this Agreement are not liable for the acts or <br /> omissions of the other participants to this Agreement except to the <br /> extent to which they have agreed in writing to be responsible for acts <br /> or omissions of the other Parties. Any liability in excess of the SWAT's <br /> insurance coverage or uninsured liability shall be borne jointly by all <br /> Parties that have an employee or employees who are a member or <br /> members of the SWAT at the time of the incident that gave rise to the <br /> excess or uninsured liability. Each party with one or more employees <br /> on the SWAT, including a team commander or Assistant ' <br /> Commander, shall bear a share of any excess or uninsured liability. <br /> Each Party's share will be based on its percentage of the total team <br /> members. For example, if there are 20total team members that make <br /> u p t h e-S-W--AT a-n d-a-P a-r-t-y-has two-e-m p l o y e e-s-o-n the fie a m fh at P a-. <br /> shall bear 10% of any excess or uninsured liability. This joint liability <br /> I does not 'Include liability for the acts or omission of any one party,s i <br /> individual officer, employee, or volunteer which arises from his or her <br /> own willful misconduct, willful neglect of duty, or acts or omissions <br /> taken bad faith. 4 <br /> 5.2.8 Aid to Non-,Parties. <br /> r <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 1 <br /> SWAT■ A non-party political subdivision that requests assistance is <br />� p Yp q <br /> the "Requesting Political Subdivision" or "Deceiving Political <br /> Subdivision" as that term is used in Minn. Stat. § 12.331. The Parties <br /> that compose ACSo-SWAT are the "Sending Political <br /> Subdivisions}" as that term is used in Minn. Stat. § 12.331. <br /> I <br /> Requests for assistance by other political subdivisions are governed <br /> 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, A C S 0-S W A T may be <br /> deployed to such Requesting Political Subdivision, provided that <br /> the Anoka county Sheriff or his or her designee has consented to <br /> I <br /> i <br /> such deployment. No Party or individual member of ACSO-SWAT <br /> shall incur any liability based upon a failure to provide assistance. <br /> Upon deployment, the Requesting Political Subdivision will be in <br />
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