4.4. SR 11-05-2018 - Laserfiche WebLink

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Party. The decision will be made after considering the needs of the Responding Party and the availability of resources. 4. Recall of Assistance. The Responding Official may at any time recall such assistance when in his or her best judgment or by an order from the governing body of the Responding Party; it is considered to be in the best interests of the Responding Party to do so. 5. Command of Scene. The Requesting Party shall be in command of the mutual aid scene. The personnel and equipment of the Responding Party shall be under the direction and control of the Requesting Party until the Responding Official withdraws assistance. Worker’s Compensation Each Party shall be responsible for injuries or death of its own personnel. Each Party will maintain worker’s compensation insurance or self-insurance coverage, covering its own personnel while they are providing assistance pursuant to this agreement. Each Party waives the right to sue any other Party for any worker’s compensation benefits paid to its own employee or volunteer of their dependents, even if the injuries were caused wholly or partially by the negligence of any other Party or its officers, employees, or volunteers. Liability 1. For the purpose of the Minnesota Municipal Tort Liability Act (Minnesota Statute 466) the employees and officers of the Responding Party are deemed to be employees (as defined in Minnesota Statute 466.01, subdivision6) of the Requesting Party. 2. The Requesting Party agrees to defend and indemnify the Responding Party against claims brought or actions filed against the Responding Party or any officer, employee, or volunteer of the Responding Party for injury to, death of, or damage to the property of any third person or persons, arising from the performance and provision of assistance in responding to a request for assistance by the Requesting Party pursuant to this agreement. Under no circumstances; however, shall a Party be required to pay on behalf of itself and other Parties, any amounts in excess of the limits of liability established in Minnesota Statutes Chapter 466 applicable to any one Party. The limits of liability for some or all of the Parties may not be added together to determine the maximum amount of liability for any Party. The intent of this subdivision is to impose on each Requesting Party a limited duty to defend and indemnify a Responding Party for claims arising within the Requesting Party’s jurisdiction subject to the limits of liability under Minnesota Statutes Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among defendants, and to permit liability claims against multiple defendants from a single occurrence to be defended by a single attorney. 3. No Party to this Agreement nor any officer of any Party shall be liable to any other Party or to any other person for failure of any Party to furnish assistance to any other Party, or for recalling assistance, both as described in this agreement. Charges to the Requesting Party Subdivision 1. No charges will be levied by a Responding Party to this agreement for assistance rendered to a Requesting Party under the terms of this agreement unless that assistance continues for a period of more than eight (8) hours. If assistance provided under this agreement continues for more than eight (8) hours, the Responding Party will submit to the Requesting Party an itemized bill for the actual cost of any