City Council Packet 09-02-2025 - Laserfiche WebLink

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the parry in possession of the Traffic Safety Vehicle shall be primary. If the vehicle cannot be repaired pursuant to Article 5, Section 5.5, any proceeds received by a Party shall be paid to the City of Elk River. ARTICLE 7 INDEMNIFICATION Each Party agrees that it shall defend, indemnify and hold harmless each and all other Parties, their officers and employees against any and all liability, loss, costs, damages and expenses which each Party, its officers or employees may hereafter sustain, incur, or be required to pay arising out of each Party's performance or failure to adequately perform its obligations pursuant to this Agreement. Nothing in this Agreement shall be construed as a limitation or waiver by the Parties of any immunities, defenses, or other limitations on liability to which the Parties are entitled by law. The provisions of the Municipal Tort Claims Act, Minnesota Statutes, Chapter 466 and other applicable laws govern liability of the Parties. Each Party warrants that it is able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program and that each has minimum coverage consistent with the liability limits contained in Minnesota Statutes, Chapter 466. In the event of any claims or actions filed against any Party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual Parties. For purposes of determining total liability for damages, the Parties are considered a single governmental unit pursuant to Minn. Stat. § 471.59 subd. la(b). To the fullest extent permitted by law, actions by the Parties pursuant to 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 be deemed a "single governmental unit" for the purposes of liability, as set forth in Minnesota Statutes, Section 471.59, subdivision la (a); provided further that for purposes of that statute, each Party expressly declines responsibility for the acts or omissions of the other Parties. The Parties are not liable for the acts or omissions of the other Parties except to the extent to which they have agreed in writing to be responsible. ARTICLE 8 AUTHORIZED REPRESENTATIVES The following named persons are designated the Authorized Representatives of the Parties for purposes of this Agreement. These Authorized Representatives have authority to bind the Party they represent and to consent to modifications, except that each Authorized Representative shall have only the authority specifically or generally granted by their respective governing boards. Notice required to be provided pursuant to this Agreement shall be provided to the following named Authorized Representatives and addresses unless otherwise stated in this Agreement, or an amendment of thisAgreement: For Elk River: David Kuhnly Elk River Police Chief 13065 Orono Parkway Elk River, MN 55330 For Big Lake: John Kaczmarek, 236613v2 Page 70 of 104