4.12 SR 04-18-2022 - Laserfiche WebLink

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beyond their territorial limits as pre-determined by the Parties if resources are available to respond to the event. 2. Request for Assistance. Whenever, in the opinion of a Requesting Official, there is a need for assistance from other Parties, the Requesting Official may call upon the Responding Official of any other Party to furnish assistance. Specialized activities of a non-emergency nature may be requested and/or provided by the parties to this agreement. 3. Response to Request. Upon the request for assistance from a Requesting Party, the Responding Official may authorize and direct his/her party’s personnel to provide assistance to the Requesting Party. The decision will be made after considering the needs of the Responding Party and the availability of resources. No responding party shall be required to respond to a request for assistance. 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. All mutual aid operations will be carried out according to the National Incident Management System (NIMS). 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 Page 2 of 4